Narrative Opinion Summary
In this case, the appellant, represented by The McCleery Law Firm, requests a 45-day extension to file a Motion for Rehearing after the trial court's judgment dated May 4, 2015. The appeal was initially dismissed on July 15, 2015, due to non-payment of the trial court clerk's fee. The appellant sought a writ of execution on July 6, 2015, to determine the collectibility of the judgment, which necessitates additional time for its return and evaluation. This extension is aimed at either filing a Notice of Dismissal or ensuring all requisite fees are paid for the transcript and record. The requested deadline is September 13, 2015. Under Texas Rule of Appellate Procedure 10.3, the appellant could not ascertain whether the appellee has legal representation, impacting the ability to confer regarding this motion. The document includes a certificate of service confirming electronic delivery to the last known attorney for all appellees.
Legal Issues Addressed
Extension of Time for Filing Motion for Rehearingsubscribe to see similar legal issues
Application: The appellant seeks an extension to file a motion for rehearing beyond the current deadline to allow for the return of a writ of execution.
Reasoning: Appellant Guy Grantham requests a 45-day extension to file his Motion for Rehearing following the trial court's judgment signed on May 4, 2015.
Failure to Pay Clerk's Fee and Dismissal of Appealsubscribe to see similar legal issues
Application: The appeal was dismissed due to the appellant's failure to pay the required fee for the trial court clerk's record.
Reasoning: The appeal was initially dismissed on July 15, 2015, due to Appellant's failure to pay the trial court clerk’s fee for the record.
Procedures for Requesting Extension Under Texas Rulessubscribe to see similar legal issues
Application: Appellant follows Texas Rule of Appellate Procedure 10.3, requesting an extension without knowing if the appellee has legal representation.
Reasoning: Under Texas Rule of Appellate Procedure 10.3, Appellant is unsure if the Appellee is represented by counsel and could not confer with them regarding the motion.
Writ of Execution as Part of Appeal Strategysubscribe to see similar legal issues
Application: The appellant sought a writ of execution to assess the collectibility of the judgment as part of deciding whether to pursue the appeal.
Reasoning: On July 6, 2015, Appellant sought a Writ of Execution from the Cherokee County Clerk to assess the collectibility of the judgment, which is returnable in 90 days.