Opinion
05-19-01054-CV
04-25-2022
ANTONIO CABALLERO, Appellant v. WILMINGTON SAVINGS FUND SOCIETY, FSB, Appellee
On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-19-04357
ORDER
BILL PEDERSEN, III, JUSTICE
We are in receipt of Appellee's November 4, 2021 Motion to Enforce Liability on Supersedeas Bond Pursuant to Tex.R.App.P. 43.5 (Appellee's Motion). Appellee's Motion first asserts that our "Court set a supersedeas bond," but our Court set no bond in this case at any time. Indeed, appellee's supersedeas bond attached to Appellee's Motion is from the 14th Judicial District Court of Dallas. However, even if this Court had set the bond, Appellee's Motion was filed seventy-nine days after our panel opinion-nineteen days after our Court's plenary period had expired. See Tex. R. App. P. 19.1. For that reason, we dismiss Appellee's Motion for want of jurisdiction.
Pursuant to Texas Rule of Appellate Procedure 19.1, our plenary period expires:
(a) 60 days after judgment if no timely filed motion for rehearing or en banc reconsideration, or timely filed motion to extend time to file such a motion, is then pending; or
(b) 30 days after the court overrules all timely filed motions for rehearing or en banc reconsideration, and all timely filed motions to extend time to file such a motion.Tex. R. App. P. 19.1 (emphasis added). Here, neither appellant nor appellees filed any motions for rehearing, en banc reconsideration, or timely filed motion to extend time to file such a motion after the August 17, 2021 date.