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Templeton Mortg. Corp. v. Poenisch

Fourth Court of Appeals San Antonio, Texas
Apr 23, 2015
No. 04-15-00041-CV (Tex. App. Apr. 23, 2015)

Opinion

No. 04-15-00041-CV

04-23-2015

TEMPLETON MORTGAGE CORP., Appellant v. Gary POENISCH, Appellee


From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 10-422-A
Honorable N. Keith Williams, Judge Presiding

ORDER

Because appellant's notice of appeal was filed-stamped beyond the time allowed by Texas Rule of Appellate Procedure 26.1 but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time, we ordered appellant to file a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant has filed a response showing that it timely mailed its motion for new trial and its notice of appeal to the trial court clerk. Thus, pursuant to Texas Rule of Civil Procedure 5, appellant's notice of appeal was timely filed. We therefore retain this appeal on the docket of this court. Because the clerk's and reporter's records have both been filed, appellant brief is due on or before May 25, 2015.

/s/_________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of April, 2015.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Templeton Mortg. Corp. v. Poenisch

Fourth Court of Appeals San Antonio, Texas
Apr 23, 2015
No. 04-15-00041-CV (Tex. App. Apr. 23, 2015)
Case details for

Templeton Mortg. Corp. v. Poenisch

Case Details

Full title:TEMPLETON MORTGAGE CORP., Appellant v. Gary POENISCH, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 23, 2015

Citations

No. 04-15-00041-CV (Tex. App. Apr. 23, 2015)