Court of Civil Appeals of Texas, 1982

Placemakers Personnel Services v. State

Placemakers Personnel Services v. State
Court of Civil Appeals of Texas · Decided November 3, 1982 · Gam, Mage, Powers, Shannon
643 S.W.2d 190; 1982 Tex. App. LEXIS 5429 (South Western Reporter, Second Series)

Placemakers Personnel Services v. State

Opinion of the Court

PER CURIAM.

Appellants, Placemakers Personnel Services, Inc., et al., have moved for an extension of time to file the transcript. Since a motion for new trial was filed, the deadline for filing the transcript was September 16, 1982, 100 days after the judgment was signed. Tex.R.Civ.P.Ann. 386 (Supp. 1981). The appellants had fifteen days thereafter, until October 1, 1982, to file a motion for extension of time. Tex.R.Civ.P.Ann. 21c (Supp. 1981). The motion was filed in this Court on October 4, 1982. In fact, the motion was not mailed until October 2, 1982. The failure to timely file the transcript or a Rule 21c motion for extension of time to file the transcript precludes this Court from considering a subsequently filed motion for extension of time or transcript. Click Co. v. Safari, 638 S.W.2d 860 (Tex. 1982); Briscoe v. Gulf Supply Co., 612 S.W. 88, 90 (Tex.Civ.App.1981, no writ). Accordingly, we dismiss this appeal.

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