Case Information
*1 Order entered October 15, 2015
In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01360-CV HIGH REV POWER, L.L.C., Appellant V.
MASSIMO MOTOR SPORTS, LLC, ET AL., Appellees On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-07411-D ORDER
Appellant is appealing the trial court’s July 8, 2013 judgment. Appellant filed a notice of appeal on September 30, 2013. In the notice of appeal, appellant states “[o]n August 6, 2013, Defendant twice filed its Motion for New Trial. The filing receipts are attached hereto.” Two receipts from Court File America and the motion for new trial are attached to the notice of appeal. One of the receipts notes the electronic submission of the motion for new trial was
successful. The motion for new trial, however, does not contain a file stamp. To determine the timeliness of the notice of appeal, this Court must know if the motion for new trial was filed and, if so, the date the motion for new trial was filed. See T EX . R. A PP . P. 26.1(a).
Accordingly, we ORDER the trial court, to conduct a hearing and make findings as to whether:
1. the motion for new trial was filed; and
2. if the motion for new trial was filed, the date that the trial court received the
motion for new trial. We ORDER the trial court to transmit to this Court, WITHIN THIRTY DAYS of the date of this order, its findings of fact, any supporting documentation, any orders, and the reporter’s record, if any, of the hearing on this issue.
We DIRECT the Clerk of this Court to send a copy of this order by electronic transmission to the Honorable Ken Tapscott, Presiding Judge of the County Court at Law No. 4, and counsel for all parties.
We ABATE this appeal to allow the trial court to conduct the hearing. The appeal will be reinstated in thirty days or when the Court receives the findings, whichever occurs sooner.
/s/ ELIZABETH LANG-MIERS JUSTICE