Opinion
01-20-00854-CV
11-30-2023
Richard Alan Haase v. Deutsche Bank National Trust Company
Trial court: 400th District Court of Fort Bend County Trial court case number: 07-DCV-161177
Panel consists of Justices Hightower, Rivas-Molloy, and Farris.
ORDER
Veronica Rivas-Molloy Judge
On August 29, 2023, this Court issued an opinion affirming the trial court's judgment. Pursuant to Texas Rule of Appellate Procedure 49.1, Appellants' motion for rehearing or rehearing on banc, if any, was due on September 13, 2023. See Tex. R. App. P. 49.1 ("A motion for rehearing may be filed within 15 days after the court of appeals' judgment or order is rendered."). On September 11, 2023, Appellants timely filed a motion for extension of time to file a motion for rehearing, and we granted the motion, extending Appellants' deadline to file a motion for rehearing to September 28, 2023. See Tex. R. App. P. 49.9 ("A court of appeals may extend the time for filing a motion for rehearing or en banc reconsideration if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the motion."). Appellants filed a second motion for extension of time on September 27, 2023, and we granted that motion, extending the deadline for Appellants to file a motion for rehearing to October 9, 2023. Appellants filed their motion for rehearing on October 9, 2023, and this panel denied the motion for rehearing on October 26, 2023.
On November 8, 2023, Appellants filed a motion for extension of time to file a motion for rehearing en banc. The motion is untimely. See Tex. R. App. P. 49.5 ("A party may file a motion for en banc reconsideration as a separate motion, with or without filing a motion for rehearing. The motion must be filed within the time prescribed by Rule 49.1 for filing a motion for rehearing."); Tex.R.App.P. 49.9; see also Tex. R. App. P. 49.4 ("After a court decides a motion for rehearing, a further motion for rehearing may be filed within 15 days of the court's action if the court: (a) modifies its judgment; (b) vacates its judgment and renders a new judgment; or (c) issues a different opinion.").
Appellants' motion for extension of time to file a motion for rehearing en banc is denied.
It is so ORDERED.