Peveto Companies, Ltd. D/B/A Brake Check v. FASA Friction Laboratories, Inc. ( 2015 )

FASA Friction Laboratories,
Fourth Court of Appeals
San Antonio, Texas
September 16, 2015
No. 04-15-00570-CV
PEVETO COMPANIES, LTD. d/b/a Brake Check,
Appellant
v.
FASA FRICTION LABORATORIES, INC.,
Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CI-20405
Honorable Solomon Casseb, III, Judge Presiding
ORDER
Appellant Peveto Companies, Ltd. asserts the trial court signed a judgment in this case on
June 10, 2015, Appellant timely filed a motion for new trial on July 2, 2015, and on August 17,
2015, the trial court denied the motion. See TEX. R. CIV. P. 306a, 329b. Under these facts,
Appellant’s notice of appeal was due on September 8, 2015, see TEX. R. APP. P. 26.1(a), and a
motion for extension of time to file a notice of appeal is due by September 23, 2015, see id. R.
26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
On September 11, 2015, Appellant filed (1) a motion for extension of time to file a notice
of appeal and (2) the notice of appeal. See TEX. R. APP. P. 26.1. Appellant’s motion for
extension of time to file the notice of appeal is GRANTED. The notice of appeal is deemed
timely filed. See id. R. 26.3; Verburgt, 959 S.W.2d at 617.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 16th day of September, 2015.
___________________________________
Keith E. Hottle
Clerk of Court