Lockhart v. McCurley

DISSENT TO ORDER

TOM GRAY, Chief Justice.

I agree with the Court’s order down to the point of its determination that Lock-hart’s explanation for the late filing of the notice of appeal provides the proper justification to grant an implied motion for extension of time. 1 I would grant McCur-ley’s motion to dismiss.

We all agree that Lockhart’s notice of appeal was late. We all agree that Lock-hart’s motion for extension of time to file the notice of appeal was late and must be denied. We all agree that under Texas Supreme Court precedent there is, nevertheless, a motion for extension of time…