Men's Wearhouse v. Michael Helms

OPINION

DOYLE, Justice.

This appeal arises from a judgment in favor of appellee on theories of assault, battery, and false imprisonment. In prosecuting its appeal from a bench trial, appellant failed to timely file a statement of facts. Tex.R.Civ.P. 386. A motion requesting leave for late filing was filed with this court and overruled, and a motion for rehearing was denied. See B.D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860 *430(Tex.1982). The Texas Supreme Court dismissed the Men’s Wearhouse appeal on this point for lack of jurisdiction. 27 Tex. Sup.Ct.J. 264 (March 10, 1984)…