Carter v. City of Fort Worth, 16366
| Decision Date | 11 May 1962 |
| Docket Number | No. 16366,16366 |
| Citation | 357 S.W.2d 581 |
| Parties | William C. CARTER et al., Appellants, v. CITY OF FORT WORTH et al., Appellees. |
| Court | Texas Court of Appeals |
Richard T. Churchill, Fort Worth, for appellants.
S. G. Johndroe, Jr., City Atty., Fort Worth, for appellees.
Under consideration is the matter of the appellees' motion to affirm on certificate the judgment of the trial court, and also a motion of the appellants for an extension of time for filing transcript and statement of facts.
Following a hearing on the merits of the appellants' suit for permanent injunction, judgment denying such relief was entered on February 13, 1962. In view of the provisions of Texas Rules of Civil Procedure, rule 386, 'Time to File Transcript and Statement of Facts', the appellants were obligated, in the event of an appeal, to file the record on or before sixty (60) days from date of the judgment, which would be on or before April 14, 1962. There is a proviso appended to said requirement of Rule 386, which in certain instances warrants this court to enlarge the period within which said record may be filed, the language of the proviso reading as follows: 'provided, by motion filed before, at, or within a reasonable time, not exceeding fifteen days after the expiration of such sixty-day period, showing good cause to have existed within such sixty-day period why said transcript and statement of facts could not be so filed, the Court of Civil Appeals may permit the same to be thereafter filed upon such terms as it shall prescribe.'
Appellants did not file the record or any part thereof on or before said sixty days from date of the judgment which would have been on or prior to April 14, 1962. Five days thereafter, April 20, 1962, the appellants filed an unsworn motion for extension of time within which to file the trnascript and statement of facts. In said unsworn motion, to which no affidavit was appended as prima facie proof of any fact, appellants represented that a statement of facts had been ordered of the court reporter on date of March 12, 1962, which, so far as was known to said counsel, had not been completed. It was stated, further, as follows: 'Counsel for plaintiffs has now served the Court Reporter with written request to prepare and deliver such transcript, and has also served the Clerk of the Court with written direction to prepare transcript.'
In Rhodes v. Turner, 1942 (Tex.Civ.App., Fort Worth), 164 S.W.2d 743, it was announced to the members of the Bar, the official court stenographers, and the clerks of the courts in the Second Supreme Judicial District of Texas that from date of the publication of said opinion this court would require a strict showing before granting extensions of time for filing transcripts or statements of facts. It was...
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Home Fund, Inc. v. Garland
...1971, no writ hist.); Rhodes v. Turner,164 S.W.2d 743 (Fort Worth Civ.App., 1942, no writ hist.); Carter v. City of Fort Worth, 357 S.W.2d 581 (Fort Worth Civ.App., 1962, ref., n.r.e.), and Bradshaw v. Bradshaw, 187 S.W.2d 688 (Amarillo Civ.App., 1945, no writ hist.), in which opinion the C......
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