Opinion
No. 04-19-00564-CV
11-14-2019
Juan GARZA, Appellant v. GRUPO COMERCIO MUNDIAL, Appellee
From the 49th Judicial District Court, Webb County, Texas
Trial Court No. 2017CVF000590D1
Honorable Jose A. Lopez, Judge Presiding
ORDER
By order dated September 19, 2019, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction because his notice of appeal appeared to be untimely filed. In appellant's response filed on October 3, 2019, he requested that we abate this appeal to the trial court for a hearing pursuant to TEX. R. CIV. P. 306a to determine the date on which he received notice or actual knowledge of the order he seeks to appeal. See Lickety Split Express, Inc. v. Lyndee Sols., Inc., No. 03-19-00142-CV, 2019 WL 2402980 (Tex. App.—Austin June 7, 2019, order) (mem. op.).
By order dated October 8, 2019, appellant's request was granted, and the appeal was abated to the trial court to conduct a hearing pursuant to TEX. R. CIV. P. 306a. On November 6, 2019, a supplemental clerk's record was filed containing the trial court's order finding appellant received notice of the trial court's judgment, which was signed on May 14, 2019, on May 15 or 16, 2019. Therefore, the trial court's order denies appellant's motion to extend post-judgment deadlines.
It is therefore ORDERED that this appeal is REINSTATED on the docket of this court, and appellant is ORDERED to show cause in writing no later than two weeks from the date of this order why this appeal should not be dismissed for lack of jurisdiction.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of November, 2019.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court