Opinion
No. 04-14-00075-CV
04-09-2014
AAA FREE MOVE MINISTORAGE L.L.C., Appellant v. LATIGO PROPERTIES, INC. and The Brigham Living Trust, Appellees
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-18988
Honorable Barbara Hanson Nellermoe, Judge Presiding
ORDER
The trial court's judgment was signed on November 18, 2013. Therefore, a motion for new trial or notice of appeal was due to be filed in the trial court within thirty days on December 18, 2013. TEX. R. APP. 26.1. Appellant's motion for reconsideration was filed on December 19, 2013. Appellant's notice of appeal was thereafter filed in the trial court on February 4, 2014. The notice of appeal is timely if appellant's motion for reconsideration was postmarked by December 18, 2013, thereby extending the timetable to perfect appeal to ninety days after the date the judgment was signed. TEX. R. CIV. P. 5; TEX. R. APP. P. 25.1(a), 26.1(a)(1). Our records do not contain proof of the date of mailing of appellant's motion for reconsideration.
Accordingly, it is ORDERED that within fifteen (15) days of the date of this order appellant must provide written proof of the date of mailing its motion for reconsideration by filing either a copy of the postmark affixed by the United States Postal Service, a certified mail receipt, a certificate of mailing by the United States Postal Service, a receipt endorsed by a commercial delivery service, or an affidavit stating the date and method by which the motion for reconsideration was mailed to the district clerk. See TEX. R. CIV. P. 5; see TEX. R. APP. P. 9.2(b)(2). If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further order of the court.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of April, 2014.
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Keith E. Hottle
Clerk of Court