Legal Opinion

Guillen v. DeLeon

Court of Appeals of Texas

Decided October 26, 1994No. 04-94-00050-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

HARDBERGER, Justice.

This is a case in which the appellants missed their deadline for filing the transcript with this court. Ordinarily, this is fatal to the appeal, and the appeal must be dismissed for want of jurisdiction. However, because we feel the appellants may have been misled by the district clerk’s filing an affidavit of impossibility of performance, we grant the extension of time to file the transcript.

The statement of facts was also tardy and no request for extension was timely made. As the district clerk’s affidavit dealt only with the transcript, there is no excuse for…

2Cases cited4 opinions

  1. BD CLICK CO. INC. v. Safari Drilling Corp.Texas Supreme Court · 1982
  2. Nix v. Fraze, Texas Court of Appeals, 5th District (Dallas)1988
  3. Attorney General of Texas Ex Rel. California v. Segree, Texas Court of Appeals, 13th District1985
  4. Riviea v. Marine Drilling Co., Texas Court of Appeals, 13th District1990

3Cited by7 opinions

  1. State v. ParkerSupreme Court of Missouri · 1994
  2. M.B. v. StateCourt of Appeals of Texas · 1995
  3. MB v. State, Texas Court of Appeals, 8th District (El Paso)1995
  4. Ramon J. Rojo v. Daniel Hollander, Patsy Hollander, Nora Shelton and Doug Siems, Texas Court of Appeals, 3rd District (Austin)1996
  5. Verburgt v. Dorner, Texas Court of Appeals, 4th District (San Antonio)1996

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