Order entered April 8, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00073-CV
IN THE ESTATE OF IRA E. TOBOLOWSKY, DECEASED
On Appeal from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-18-17620
ORDER
This is an appeal from the trial court’s December 30, 2018 order concerning appellee’s
Rule 202 petition. The order is challenged by the City of Dallas, Dallas County, and the Dallas
County Medical Examiner. Appellee has filed a conditional cross-appeal. Before the Court is the
City’s April 4, 2019 unopposed motion for extension of time to file its opening brief. The City
seeks an extension because a hearing on a motion for reconsideration of the December 30th order
is set in the trial court for April 10, 2019, and the trial court’s ruling “could allow the parties to
resolve the remaining issues in this appeal.”
We note that we questioned our jurisdiction over the County and the Medical Examiner’s
appeal, and a determination as to whether we have jurisdiction over that portion of the appeal
remains pending. In light of this and the upcoming trial court hearing, we SUSPEND the
briefing deadlines. We ORDER the City to file a status report following the trial court hearing
and no later than April 18, 2019. The Court will set new briefing deadlines as necessary once the
status report is filed and a determination is made as to our jurisdiction over the County and
Medical Examiner’s appeal.
/s/ BILL WHITEHILL
JUSTICE