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SPELLMAN v. HOANG

No. 04-94-00029-CV.

887 S.W.2d 480 (1994)

Topsy SPELLMAN and Richard M. Spellman, Appellants, v. Hung Duy HOANG; Minh Dinh; & The Standard Fire Insurance Company, Appellees.

Court of Appeals of Texas, San Antonio.

October 12, 1994.

Attorney(s) appearing for the Case

John Griffin, Jr., Cynthia T. Sheppard, Houston, Marek & Griffin, Victoria, Oscar H. Villarreal, Villarreal, Moreno & Ruiz, San Antonio, for appellants.

Edward C. Mainz, Jr., Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, Marsha M. Nichols, Terriann Trostle, Lana S. Shadwick, Fulbright & Jaworski, L.L.P., Houston, for appellees.

Before CHAPA, C.J., and RICKHOFF and STONE, JJ.

OPINION ON APPELLEES' MOTIONS TO DISMISS

PER CURIAM.

The preliminary issue in this case is whether a motion for new trial, which is timely tendered and file-stamped by the district clerk, acts to extend the appellate timetable when the statutory filing fee is not timely paid. We hold that it does.

Judgment in the present case was signed on September 15, 1993. A motion for new trial was due to be...

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