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KIRSCHBERG v. LOWE

No. 04-98-00307-CV.

974 S.W.2d 844 (1998)

Morris J. KIRSCHBERG, Appellant, v. Patrick LOWE, Trustee for Armando Rey and Sylvia Rey, Debtors, and Armando Rey, Appellees.

Court of Appeals of Texas, San Antonio.

June 30, 1998.

Attorney(s) appearing for the Case

James L. Rodriguez, Law Office of James L. Rodriguez, San Antonio, for Appellant.

Richard D. Woods, Law Office of Richard D. Woods, San Antonio, for Appellees.

Before HARDBERGER, C.J., and DUNCAN and ANGELINI, JJ.

ON MOTION TO DISMISS

DUNCAN, Justice.

Patrick Lowe, Trustee for Armando Rey and Sylvia Rey, Debtors, and Armando Rey ask that we dismiss this appeal as untimely perfected because Morris J. Kirschberg failed to establish a new judgment date in accordance with Rule 306a, TEX. R. CIV. P. We hold Kirschberg's motion for judgment non obstante veredicto extended the appellate timetable because it was filed within the time for filing a motion for new trial and...

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