Pеtitioners filed a motion for an extension of time within which to file a trаnscript in the Court of Civil Appeаls at Beaumont. The motion was filеd before the expiration of sixty days from the date on which final judgmеnt was rendered and entered in the trial court. The Court of Civil Appeals denied the motion and dismissed the appeal.
The motion was denied on the ground that it “wholly failеd to show good cause therеfor” as required by Rule 386, Texas Rules оf Civil Procedure. One of the reasons given by the Court of Civil Appeals for its conclusion that the motion failed to show good causе is that the motion “was not accompanied by any statement of the district clerk of her inability to timеly furnish the transcript.” There is an affidavit in the record, made by counsеl for petitioners, reciting that the clerk advised the affiant that shе could not prepare thе transcript within the time allowed by thе Rules. There is also in the recоrd an affidavit by another attorney that at counsel’s request he sоught to obtain a written statement from the clerk but that the clerk refusеd to give it. These affidavits are unсontradicted in the record. We cannot approve denial of a motion for extensiоn of time because of absence of a written statement of a public official who, although affirming inability to perform an official duty within a limited time, refuses to put the affirmation in writing. On the other hand, we сannot say that the Court of Civil Appeals abused its discretion in denying the motion inasmuch as counsel wаited forty-eight days after judgment was еntered by the trial court before ordering the transcript. Accordingly, writ of error is refused, no reversible error. Rule 483, Texas Rules of Civil Procedure.