Rhodes v. Turner, 14481.
| Decision Date | 09 October 1942 |
| Docket Number | No. 14481.,14481. |
| Citation | 164 S.W.2d 743 |
| Parties | RHODES v. TURNER et al. |
| Court | Texas Court of Appeals |
Appeal from County Court at Law No. 2, Tarrant County; Thomas J. Renfro, Judge.
Action between T. C. Rhodes and J. L. Turner and others. From an adverse judgment, T. C. Rhodes appeals. On motion by appellant for extension of time within which to file a statement of facts.
Motion granted.
McGown, McGown, Godfrey & Logan, of Fort Worth, for appellant.
W. L. Coley, of Fort Worth, for appellee J. L. Turner.
Callaway, Wade & Davis, of Fort Worth, for intervener Home Ins. Co.
We have before us a motion by appellant, T. C. Rhodes, for extension of time within which to file the statement of facts. The transcript has been filed within the required time.
The motion shows that the case was tried without a jury, that judgment was rendered in the court below on July 24, 1942, and that no motion for new trial was filed. The motion further shows that appellant filed his supersedeas bond on August 3, 1942, and that thereafter, "on or about" September 1, 1942, he ordered and directed the official court reporter to prepare a statement of facts. Said motion was filed in this court on September 18, 1942.
The motion is not verified, nor is it accompanied by any statement or affidavit of the official court reporter concerning the matter. The motion recites merely that due to press of business the official court reporter will not be able to prepare the statement of facts for filing on or before September 22, 1942, the 60th day after the date of the judgment.
Ordinarily we would hold that the motion is insufficient to show good cause for not filing the statement of facts within 60 days after the judgment. No reason is offered by appellant for waiting until September 1, the 39th day after the date of the judgment, for ordering the statement of facts from the official court reporter. The San Antonio Court of Civil Appeals, in Douglass v. Mercer, 124 S.W.2d 401, refused to grant an extension of time where the appellants waited until the 43rd day to order the record.
For some time this court has followed a policy of liberality, perhaps too much liberality, in granting extensions of time for filing transcripts and statements of fact. The policy has been followed partly because of the fact that the adoption of our new Rules of Procedure, Rule No. 386, reduced from 90 to 60 days the time for filing the record in several counties in this district...
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