Opinion
No. 05-17-01182-CV
11-07-2017
CHAN IL PAK, Appellant v. AD VILLARAI, LLC., THE ASHLEY NICOLE WILLIAMS TRUST, VILLAS ON RAIFORD, LLC., AND TERRI ANDERSON, AND VILLAS ON RAIFORD CARROLLTON SENIOR HOUSING, LLC., Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-00432
ORDER
Appellant appeals from the trial court's judgment signed on July 13, 2017 following a bench trial. Before the Court is appellees' October 25, 2017 motion to dismiss the appeal for want of jurisdiction. Appellees assert the notice of appeal is untimely because the motion for new trial filed by appellant's son as "attorney-in-fact" was ineffective to extend the appellate timetable. See Guerrero v. Memorial Turkey Creek, Ltd., No. 01-09-00237-CV, 2011 WL 3820841, at *2 (Tex. App.—Houston [1st Dist.] Aug. 25, 2011, no pet.) (mem. op.).
The record before this Court, however, also contains appellant's August 2, 2017 request for findings of fact and conclusions of law filed by his counsel at the time. The timely request for findings extended the time for filing the notice of appeal. See TEX. R. APP. P. 26.1(a). Because of the timely-filed request for findings, the notice of appeal filed on October 11, 2017 was timely. See id. Accordingly, we DENY appellees' motion to dismiss the appeal.
/s/ ELIZABETH LANG-MIERS
JUSTICE