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CHEEK v. ZALTA

No. C-2724.

669 S.W.2d 719 (1984)

Ralph CHEEK, Petitioner, v. Joe ZALTA, Respondent.

Supreme Court of Texas.

May 16, 1984.

Attorney(s) appearing for the Case

John L. Fulbright, Beaumont, for petitioner.

Ducoff & Chanon, Bernard L. Chanon, Theodore S. Abbott, Houston, for respondent.

CAMPBELL, Justice.

The court of appeals dismissed Ralph Cheek's appeal of a trial court judgment for failure to file a statement of facts. (Rule 452 opinion.)1 Cheek contends the dismissal was an abuse of discretion. We agree.

Cheek perfected an appeal and timely requested on July 11, a statement of facts. The time for filing the statement of facts was September 8, 1983. However, on that date, the statement of facts had not been...

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