Opinion
No. 04-19-00281-CV
05-09-2019
Dianne SCHRAB, Appellant v. Andrew ROSSI, Appellee
From the 229th Judicial District Court, Jim Hogg County, Texas
Trial Court No. CC-17-154
The Honorable Baldemar Garza, Judge Presiding
ORDER
Appellant has filed an unopposed motion for an extension of time to file a petition for permissive appeal. Rule 28.3(d) provides we may grant an extension of time to file a petition for permissive appeal if two documents are filed: (1) a proper motion requesting an extension, and (2) the petition for permissive appeal. See TEX. R. APP. P. 28.3(d). Appellant has not filed a petition for permissive appeal or a copy of the order to be appealed. We cannot grant an extension until the petition is filed. See id. And, without a copy of the order to be appealed, we cannot determine the statutory deadline to file the petition. See TEX. CIV. PRAC. & REM. CODE § 51.014(d)-(f). However, counsel has represented that the due date for the petition is May 1, 2019.
We take no action on appellant's motion at this time. However, we ORDER that appellant's request for an extension will be granted by operation of this order if the petition for permissive appeal is filed within 15 days of the deadline to file the petition for permissive appeal. This order shall not be construed as an order granting any petition for permissive appeal that is filed in this case
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of May, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court