amilee-wendt-v-the-lamar-council-of-co-owners-inc-truly-nolen-of ( 2002 )

NO. 07-01-0293-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

APRIL 26, 2002

______________________________



AMILEE WENDT, APPELLANT

V.

THE LAMAR COUNCIL OF CO-OWNERS, TRULY NOLEN OF AMERICA, INC., INDIVIDUALLY AND D/B/A TRULY NOLEN EXTERMINATING, INC. AND ALICE LOSSEN, APPELLEES

_________________________________

FROM THE 269TH DISTRICT COURT OF HARRIS COUNTY;

NO. 96-59117; HONORABLE JOHN WOOLDRIDGE, JUDGE

_______________________________

ORDER ON UNOPPOSED MOTION TO RETAIN APPEAL AND TO CLARIFY BRIEFING SCHEDULE

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

By order for stay dated November 6, 2001, this proceeding was stayed for 30 days and it was also ordered that any request for additional stay should be supported by Texas authority. Because a motion requesting an additional stay supported by Texas authority was not filed, and briefs were not filed, by order of March 6, 2002, the appeal was dismissed for want of prosecution.

On April 10, 2001, Unopposed Motion to Retain Appeal and to Clarify Briefing Schedule was filed; however counsel for appellant certifies that it was placed in the mail on April 5, 2002, which would constitute a timely motion for extension of time to request an extension of time under Tex. R. App. P. 49.8. Accordingly, deeming the motion entitled Unopposed Motion to Retain Appeal and to Clarify Briefing Schedule to be a timely filed motion for extension of time to file a motion for rehearing, appellant's motion is granted and our order of March 6, 2002 is withdrawn. It is further ordered that

• •Any further motion or request for stay or extension of time must be supported by brief providing Texas or Federal authority;