NUMBER 13-21-00236-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
OSVALDO BENAVIDES AND
ROSAURA DALEL SALDANA, Appellants,
v.
LOS CAMPEONES, INC., Appellee.
On appeal from the 197th District Court
of Cameron County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Contreras and Justices Hinojosa and Silva
Order Per Curiam
Appellants Osvaldo Benavides and Rosaura Dalel Saldana seek to appeal a
summary judgment order issued on March 4, 2021, in favor of appellee Los Campeones,
Inc. Appellants submitted an untimely notice of appeal on August 2, 2021, and
subsequently filed an “Opposed First Motion to Extend Time to File Notice of Appeal.”
See TEX. R. APP. P. 26.1.
Before the Texas Supreme Court is a petition for review on a similar issue in a
case arising from this Court. See Rodriguez v. Marez, No. 13-20-00323-CV, 2021 WL
377253 (Tex. App.—Corpus Christi–Edinburg Feb. 4, 2021, pet. filed) (mem. op.). At
issue in Rodriguez, is whether this Court committed error in dismissing the case for want
of jurisdiction after declining to extend the deadline for petitioner’s otherwise untimely
notice of appeal. See id.
Having reexamined and reconsidered the documents on file, this Court, on its own
motion, issues the following ruling. Appellants’ opposed first motion to extend time to file
notice of appeal is carried with the case, and this appeal is ABATED until such time as
the Texas Supreme Court issues its opinion or denies or refuses petition in the direct
appeal of the aforementioned cause. After which, we direct appellants to promptly file a
motion to reinstate the appeal, which shall reference and include a copy of the opinion or
applicable order issued by the Texas Supreme Court.
PER CURIAM
Delivered and filed on the
2nd day of September, 2021.
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