Opinion
No. 04-13-00550-CV
2013-10-21
Randy K. SMITH, Appellant v. Lawrence REID, Royce Reid, Jennifer Heath and THL GP Inc., Appellees
From the 63rd Judicial District Court, Edwards County, Texas
Trial Court No. 3798
Honorable M. Rex Emerson, Judge Presiding
ORDER
On October 3, 2013, appellant was ordered to show cause why this appeal should not be dismissed for lack of jurisdiction because the notice of appeal appeared to have been untimely filed. This court's order noted that the notice of appeal could potentially have been timely filed if the appellant's notice of appeal and request for findings of fact and conclusions of law were timely filed by mail; however, the clerk's record did not contain any proof that the documents were mailed. See TEX. R. APP. P. 9.2(b). Appellant responded to this court's order, providing proof that the notice of appeal and request for findings of fact and conclusions of law were timely filed by mail. It is therefore ORDERED that this appeal is RETAINED on the docket of the court.
____________
Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of October, 2013.
____________
Keith E. Hottle
Clerk of Court