Opinion
No. 07-06-0366-CV
February 23, 2007.
Appeal from the 320th District Court of Potter County; No. 092479-00-D; Honorable Don Emerson, Judge.
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ON MOTION FOR REHEARING
We dismissed appellant Carlos A. L. Vaughn's appeal challenging a summary judgment against him on January 23, 2007 when he failed to timely file a brief or move for an extension of time in which to file his brief. Appellant has filed a motion for rehearing seeking reinstatement of the appeal. His motion alleges he failed to file a brief because he lacked access to the record and alleges he mailed a request for a copy of the record and a motion for extension of time on December 1, 2006. Although the Court did not receive those documents, appellant's allegations are supported by appellee's counsel's receipt of copies of them. Consequently, we vacate our order dismissing the appeal and reinstate the cause.
We grant appellant's request for access to the record, and direct that our clerk forward the trial court clerk's record to appellant. We also grant appellant's motion for extension of time in which to file his brief. The brief shall be due no later than Monday, April 2, 2007.
Appellant is directed to return the clerk's record to this Court no later than Monday April 2, 2007. Failure to return the record by that date may result in dismissal of the appeal.
Appellant's request for findings of fact and conclusions of law is improper in this summary judgment proceeding and is denied.
It is so ordered.