Watson v. Jones
| Decision Date | 08 June 1961 |
| Docket Number | No. 3897,3897 |
| Citation | 348 S.W.2d 414 |
| Parties | Barney WATSON et al., Appellants, v. W. N. JONES et al., Appellees. |
| Court | Texas Court of Appeals |
Bowlen Bond and Glynn, Nance, Teague, for appellants.
Mac L. Bennett, Jr., Normangee, Robert Burroughs, Buffalo, Brady, Drake, Yates & Wilson, Dallas, for appellees.
This cause is before us on a motion by appellant to enlarge the time in which to file transcript; appellees' opposition to such motion; and appellees' motion to affirm the cause on certificate under Rule 387, Texas Rules of Civil Procedure.
The last day for filing of transcript was 1 May 1961. On 4 May 1961 the transcript and an original exhibit (photostat of deed) were received by this court. On 5 May 1961 appellant filed motion praying that this court permit the late filing of the transcript. No statement of facts has been tendered.
Rule 386, T.R.C.P., provides for such filing in this court within 60 days from the rendition of final judgment or order overruling motion for new trial; and privides further that by motion filed within 15 days after the expiration of the 60 day period, 'Showing good cause to have existed within such 60 day period why said transcript etc. could not be so filed, the Court of Civil Appeals may permit the same to be filed * * *.'
Appellants' motion reflects that appellants' counsel's associate was handling this appeal; that 10 days before the last day for filing in the Court of Civil Appeals, such associate counsel's mother became critically ill in the hospital in Temple; that associate counsel left immediately to be with his mother and remained there, and failed to apprise counsel of the fact that the transcript had not been transmitted to the Court of Civil Appeals; that counsel was very busy, and did not learn that the transcript had not been transmitted to the Court of Civil Appeals until 1 May, 1961, upon which date he immediately wrote the District Clerk of Leon County to transmit the transcript to the Court of Civil Appeals. The Clerk did so, and the record was received by the Court of Civil Appeals on 4 May, 1961. (The record was postmarked 3 May, 1961 at 4 p. m.)
Appellee has filed opposition to appellants' motion to extend time, and moves this court to dismiss such appeal or affirm on certificate. Attached to such opposition is the affidavit of the District Clerk of Leon County which reflects (as does the tendered transcript itself) that the transcript was completed on 20 April, 1961, which was some 11 days prior to the last date...
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