Akbar Alesha, LLC v. Quik-Way Retail Associates II, Ltd.

Order entered November 6, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01421-CV AKBAR ALESHA, LLC, Appellant V. QUIK-WAY RETAIL ASSOCIATES II, LTD., Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-01224-D ORDER On October 17, 2013, appellant filed a motion for extension of time to file notice of appeal. The timeliness of the notice of appeal was dependent on the trial court granting appellant’s pending “Rule 306a motion.” See TEX. R. CIV. P. 306a4-5; TEX. R. APP. P. 4.2. On October 28, 2013, appellant informed the Court that the trial court had denied appellant’s rule 306a motion. Accordingly, we DENY appellant’s extension motion. In its extension motion, appellant urged that if the trial court denied its rule 306a motion, appellant’s notice of appeal could serve as a notice of restricted appeal. See TEX. R. APP. P. 25.1(d)(7), 30. Appellant’s notice of appeal, however, does not comply with the requirements of a notice of restricted appeal. See id. TEX. R. APP. P. 25.1(d)(7). Accordingly, we ORDER appellant to file, within ten days of the date of this order, an amended notice of restricted appeal that is in compliance with the rules. See id. We caution appellant that failure to comply with this Order will result in dismissal of the appeal without further notice. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE