Osvaldo Benavides and Rosaura Dalel Saldana v. Los Campeones, Inc. ( 2021 )


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  •                         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.
    2
    

Document Info

Docket Number: 13-21-00236-CV

Filed Date: 9/2/2021

Precedential Status: Precedential

Modified Date: 9/6/2021