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Pak v. Ad Villarai, LLC

Court of Appeals Fifth District of Texas at Dallas
Nov 7, 2017
No. 05-17-01182-CV (Tex. App. Nov. 7, 2017)

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


Summaries of

Pak v. Ad Villarai, LLC

Court of Appeals Fifth District of Texas at Dallas
Nov 7, 2017
No. 05-17-01182-CV (Tex. App. Nov. 7, 2017)
Case details for

Pak v. Ad Villarai, LLC

Case Details

Full title:CHAN IL PAK, Appellant v. AD VILLARAI, LLC., THE ASHLEY NICOLE WILLIAMS…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 7, 2017

Citations

No. 05-17-01182-CV (Tex. App. Nov. 7, 2017)