Opinion
No. 05-18-00111-CV
01-10-2019
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-02393-2016
ORDER
Before the Court is appellee Rafael De La Garza II's January 7, 2019 first motion to extend time to file brief and appellee Richard Alamia's January 8, 2019 motion to dismiss the appeal as untimely.
We DENY the motion to dismiss because the notice of appeal was mailed before the last day for filing and was received within ten days of the filing deadline. See TEX. R. APP. P. 9.2(b). We GRANT the extension request and ORDER De La Garza II's brief be filed no later than February 6, 2019.
/s/ ERIN A. NOWELL
JUSTICE