Purswell v. Malone, Murphy & Fenley
Purswell v. Malone, Murphy & Fenley
Opinion of the Court
This is an appeal from a summary judgment. The dispute involved Malone, Murphy & Fenley’s (appellee) obligation on a note payable to Lucille Purswell (appellant) which it assumed upon receiving title in 1974 to certain real property in Harris County. The trial court granted appellee’s motion for summary judgment. From this judgment, appellant appealed.
The transcript in this case was filed on January 21, 1977. Submission of the case was set for April 6, 1977. On February 18, 1977, 3 days before the end of her 30 day filing period under Tex.R.Civ.P. 414, appellant filed a motion for a 30 day extension within which to file her brief. This court granted a 17 day extension until March 10, 1977. Any further extension would have required us to disrupt our docket. On March 10, appellant filed her second motion to extend time for filing her brief which we denied.
Furthermore, under normal circumstances, we freely grant leave to augment or amend briefs where no new points of error are raised. Appellee’s motion to dismiss the appeal under rule 415 is granted. Appellant’s motion to transfer this case to the Court of Civil Appeals, First Supreme Judicial District of Texas is denied.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.