From Casetext: Smarter Legal Research

Intertex Inc. v. Walton

Court of Appeals of Texas, Houston, Fourteenth District
Jan 24, 1985
683 S.W.2d 599 (Tex. App. 1985)

Summary

In Intertex, Inc. v. Walton, 683 S.W.2d 599 (Tex.App.-Houston [14th Dist.] 1985, no writ), the court denied a motion to extend the time to file the statement of facts where the appellant failed to make a timely request for the statement of facts.

Summary of this case from Mckellips v. Mckellips

Opinion

No. A14-84-882-CV.

January 24, 1985.

Appeal from 157th District Court, Harris County, Felix Salazar, J.

William Satterwhite, Houston, for appellant.

Jerry L. Schutza, Houston, for appellees.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.


OPINION


Appellant filed a motion to extend time to file the statement of facts. We find appellant failed to make a timely request for the statement of facts and, therefore, deny the motion. TEX.R.CIV.P. 377.

In order to present a statement of facts on appeal, appellant must make a written request to the official reporter at or before the time prescribed for perfecting the appeal. TEX.R.CIV.P. 377. The time for perfecting the appeal was November 30, 1984.

The motion to extend time to file the statement of facts was filed December 28, 1984. In the affidavit accompanying that motion, the court reporter avers appellant's written request was made December 31, 1984, the day the statement of facts was due.

Accordingly, the motion is denied.


Summaries of

Intertex Inc. v. Walton

Court of Appeals of Texas, Houston, Fourteenth District
Jan 24, 1985
683 S.W.2d 599 (Tex. App. 1985)

In Intertex, Inc. v. Walton, 683 S.W.2d 599 (Tex.App.-Houston [14th Dist.] 1985, no writ), the court denied a motion to extend the time to file the statement of facts where the appellant failed to make a timely request for the statement of facts.

Summary of this case from Mckellips v. Mckellips
Case details for

Intertex Inc. v. Walton

Case Details

Full title:INTERTEX, INC., Appellant, v. Richard WALTON, et al., Appellees

Court:Court of Appeals of Texas, Houston, Fourteenth District

Date published: Jan 24, 1985

Citations

683 S.W.2d 599 (Tex. App. 1985)

Citing Cases

Mckellips v. Mckellips

In that case the court said that it had no discretion to permit the filing of a statement of facts by an…

Intertex Inc. v. Walton

The Waltons failed to pay the amount, and First Southern Properties proceeded with enforcement of the…