Opinion
No. 04-16-00595-CV
11-28-2016
Jonathan T. DRUMMOND, Appellant v. Deanna Lynn DRUMMOND, Appellee
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-09881
Honorable Gloria Saldana, Judge Presiding
ORDER
After the trial court signed a final order of divorce, Appellant timely filed a notice of appeal and other post-judgment motions that extended the trial court's plenary power until October 3, 2016. On that date, the trial court signed an "Order Modifying Decree of Divorce," which reset the appellate timetable. See TEX. R. CIV. P. 306a, 329b(e); Lane Bank Equip. Co. v. Smith S. Equip., Inc., 10 S.W.3d 308, 313 (Tex. 2000).
Thereafter, Appellant timely filed a motion for new trial with respect to the October 3, 2016 order. See TEX. R. CIV. P. 329b(a). Appellant filed a "Second Amended Notice of Appeal" on November 2, 2016; the notice of appeal was also timely. See TEX. R. APP. P. 26.1; Lane Bank, 10 S.W.3d at 313.
Given a timely motion for new trial and notice of appeal, the appellate record is due on January 31, 2017, see TEX. R. APP. P. 35.1, and Appellant's brief is due thirty days after the appellate record is complete, see id. R. 38.6(a).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of November, 2016.
/s/_________
Keith E. Hottle
Clerk of Court