Ark Dimension 4, Inc. and Robert Pospisil v. Michelle Griffith, Personal Representative of the Estate of Dell O. Amy

Michelle Griffith, Personal Representative of the Estate of Dell O. Amy, /s Fourth Court of Appeals San Antonio, Texas March 18, 2015 No. 04-15-00035-CV ARK DIMENSION 4, INC. and Robert Pospisil, Appellants v. Michelle GRIFFITH, Personal Representative of the Estate of Dell O. Amy, deceased, Appellee From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 12575A Honorable N. Keith Williams, Judge Presiding ORDER The trial court’s severance order making the partial summary judgment final and appealable was signed on October 15, 2014. Therefore, a motion for new trial or notice of appeal was due to be filed in the trial court within thirty days on November 14, 2014. TEX. R. APP. 26.1. Appellants’ motion for new trial was not filed until November 17, 2014. Appellants’ notice of appeal was thereafter filed in the trial court on January 5, 2015. The notice of appeal is timely if appellants’ motion for new trial was postmarked by November 14, 2014, thereby extending the timetable to perfect appeal to ninety days after the date the judgment was signed. TEX. R. CIV. P. 5; TEX. R. APP. P. 25.1(a), 26.1(a)(1). Our records do not contain proof of the date of mailing of appellants’ motion for new trial. Accordingly, it is ORDERED that within fifteen (15) days of the date of this order appellants must provide written proof of the date of mailing the motion for new trial by filing either a copy of the postmark affixed by the United States Postal Service, a certified mail receipt, a certificate of mailing by the United States Postal Service, a receipt endorsed by a commercial delivery service, or an affidavit stating the date and method by which the motion for new trial was mailed to the district clerk. See TEX. R. CIV. P. 5; see TEX. R. APP. P. 9.2(b)(2). If appellants fail to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further order of the court. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2015. ___________________________________ Keith E. Hottle Clerk of Court