Order entered April 19, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01353-CV
GQ ENTERPRISES CORPORATION, Appellant
V.
INAYATALI RAJANI AND THE RAJANI GROUP, Appellee
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 11-05188
ORDER
This appeal was dismissed for want of jurisdiction January 18, 2013, and our mandate
issued April 1, 2013. We dismissed the appeal because appellant’s notice of appeal was
untimely, and appellant failed to comply with our directive to file an extension motion
reasonably explaining why the notice of appeal was untimely.
On March 27, 2013, appellant filed the extension motion, and on April 4, 2013, appellant
filed a motion to recall the mandate. In the extension motion, appellant explains it miscalculated
the deadline for filing the notice of appeal. Appellant also explains it did not receive our letter
directing it to file the extension motion nor the opinion and judgment dismissing the appeal.
According to appellant, it became aware the appeal had been dismissed when it retained new
counsel March 18, 2013. Appellant asserts generally the same arguments in its motion to recall
the mandate. Appellees have not responded to either motion.
We construe appellant’s extension motion not only as a motion for extension of time to
file the notice of appeal, but also as a motion for rehearing and as a motion for additional time
pursuant to Texas Rule of Appellate Procedure 4.5. Because the motion was filed within fifteen
days of the date appellant acquired knowledge of the dismissal and ninety days of the date of
dismissal, we GRANT appellant’s request for additional time. See TEX. R. APP. P. 4.5. We
further GRANT a rehearing, the motion to extend time to file the notice of appeal, and the
motion to recall the mandate. We RECALL our April 1, 2013 mandate, WITHDRAW our
January 18, 2013 memorandum opinion, VACATE our judgment of that date, and
REINSTATE the appeal. Appellant’s notice of appeal filed August 13, 2012 is deemed timely
filed.
As our records reflect the clerk’s record has been filed and no reporter’s record was
requested, we ORDER appellant to file its brief within thirty days of the date of this order.
Appellees shall file their brief within thirty days of the filing of appellant’s brief.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE