Embry v. Bel-Aire Corp.

In this case judgment was entered on November 22, 1972, after trial to the court. No motion for new trial was filed. On February 5, 1973, the appellant filed his motion for extension of time in which to file the statement of facts and transcript. This was within the time permitted by Rule 386, Texas Rules of Civil Procedure. The grounds for the motion were that the court reporter had moved to Missouri and would be unable to prepare the statement of facts and “transcript” within the time allowed by Rule 386. The motion was granted by the Court of Civil Appeals. The statement of facts and the…