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THORNTON v. FENELON FUNERAL HOME

No. C-1443.

646 S.W.2d 934 (1983)

Mary THORNTON, et al., Petitioner, v. FENELON FUNERAL HOME, Respondent.

Supreme Court of Texas.

Rehearing Denied March 30, 1983.

Attorney(s) appearing for the Case

Mehaffy, Garcia & Bradford, John D. Stone and H.S. Garcia, Beaumont, for petitioner.

Rienstra, Rienstra & Dowell, Gerald R. Flatten, Beaumont, for respondent.

ROBERTSON, Justice.

This is an appeal from a denial of a request for an extension of time for filing the statement of facts in the court of appeals. The question for this Court is whether that court abused its discretion in overruling the motion. Tex.R.Civ.P. 21c. We hold, under the facts of this case, that the court of appeals abused its discretion in not permitting the late filing and so remand the cause.

This case arose when Mary Thornton sued Fenelon Funeral...

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