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LOCKHART v. McCURLEY

No. 10-09-00240-CV.

298 S.W.3d 449 (2009)

Jeffrey Scott LOCKHART, Appellant, v. Dale Patrick McCURLEY d/b/a Midlothian Insurance Agency, Appellee.

Court of Appeals of Texas, Waco.

October 21, 2009.

Attorney(s) appearing for the Case

John C. Wray, Wray & Willett PLLC, Waxahachie, for appellant.

Bruce K. Packard, Riney Palter PLLC, Dallas, for appellee.

DISSENT TO ORDER

TOM GRAY, Chief Justice.

I agree with the Court's order down to the point of its determination that Lockhart's explanation for the late filing of the notice of appeal provides the proper justification to grant an implied motion for extension of time.1 I would grant McCurley's motion to dismiss.

We all agree that Lockhart's notice of appeal was late. We all agree that Lockhart's motion for extension of...

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