Yolanda H. Montoya v. Rosemary H. Gutierrez ( 2019 )

Fourth Court of Appeals San Antonio, Texas April 9, 2019 No. 04-19-00070-CV Yolanda H. MONTOYA, et al, Appellants v. Rosemary H. GUTIERREZ, Appellee From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2014CI07335 Honorable Karen H. Pozza, Judge Presiding ORDER On March 27, 2019, this court ordered appellants to file or cause to be filed a supplemental clerk’s record demonstrating the timeliness of the notice of appeal. On April 4, 2019, the district clerk filed a supplemental clerk’s record containing a motion to modify judgment or, in the alternative, motion for new trial filed in the trial court on December 20, 2018—within thirty (30) days of the final judgment. Therefore, appellants’ notice of appeal filed on February 5, 2019 in the trial court was timely filed within ninety (90) days of the final judgment. See TEX. R. APP. P. 26.1(a). Appellants’ brief is due thirty (30) days from the date of this order. _________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of April, 2019. ___________________________________ KEITH E. HOTTLE, Clerk of Court