Legal Opinion

Miller Brewing Co. v. Villarreal

Texas Court of Appeals, 4th District (San Antonio)

Decided December 4, 1991No. 04-91-00252-CVPublishedCited by 22 opinions

1Opinion of the Court

OPINION

2Per curiam

Final judgment was signed February 27, 1991. The motion for new trial was due to be filed by March 29, 1991. Tex.R.CivP. 329b(a). It was not filed until April 1, 1991. Because the appellate timetable was not extended by the late-filed motion for new trial, the cost bond and transcript were filed late. We ordered appellants to show cause why their appeal should not be dismissed for want of jurisdiction. Appellee has filed a motion to dismiss the appeal for lack of jurisdiction.

Appellants present three arguments in support of the timeliness of their appeal. They argue that their motion…

3Cases cited13 opinions

  1. Home Owners Funding Corp. of America v. Scheppler, Texas Court of Appeals, 13th District1991
  2. Moncrief v. Harvey, Texas Court of Appeals, 5th District (Dallas)1991
  3. Check v. MitchellTexas Supreme Court · 1988
  4. Brazos Electric Power Cooperative, Inc. v. Callejo, Texas Court of Appeals, 5th District (Dallas)1987
  5. TEXAS EMPLOYERS'INS. ASS'N v. MartinTexas Supreme Court · 1961

8 more not listed; retrieve them via the Exa API.

4Cited by22 opinions

  1. Lane Bank Equipment Co. v. Smith Southern Equipment, Inc.Texas Supreme Court · 2000
  2. In the Interest of K.A.F.Texas Supreme Court · 2005
  3. Miller Brewing Co. v. VillarrealTexas Supreme Court · 1992
  4. Gomez v. Texas Department of Criminal Justice, Institutional DivisionTexas Supreme Court · 1995
  5. Lection v. Dyll, Texas Court of Appeals, 5th District (Dallas)2001

17 more not listed; retrieve them via the Exa API.

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