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Supreme Court Grants GTECH a Second Extension of Time to File Petition for Review

GTECH filed a Motion for Second Extension of Time to file its Petition for Review in the Fun 5’s lottery lawsuit.  As grounds for its motion, GTECH’s appellate lawyers told the Supreme Court that they have scheduling conflicts including other deadlines for Petitions for Review and other appellate briefs that they have recently filed and are due to file in the coming days.

Appellate attorneys for the lottery players opposed GTECH’s motion because a 30 day extension had already been granted by the Court in February.

The Supreme Court issued an Order Granting Extension of Time.  In its order, the Supreme Court extended GTECH’s deadline to April 27, 2018 but warned that any further motions for extension of time by GTECH would be “disfavored”.  In other words, don’t come looking for another extension.

Although we are all disappointed in the additional delay, we are told by appellate specialists familiar with the Texas Supreme Court that it is not at all unusual for the Court to grant a second motion for extension of time if there are good reasons given by the moving party.  In other words, don’t read anything into the granting of the motion by the Court.

Because of this additional delay, many people have asked whether GTECH must pay interest on any judgment that might result from a trial of this case.  The short answer is that pre-judgment interest is available under Texas law.  The Texas Finance Code, § 304.003, sets the prejudgment rate at the “prime rate”.  There is a floor of 5% and a ceiling of 15% for prejudgment interest.  Prejudgment interest is to be computed as simple interest. With interest rates so low these days, the current rate is the floor of 5%.  Prejudgment interest is calculated as simple interest. The prejudgment interest begins 180 days after the date the defendant receives written notice of the plaintiffs claim or the day the suit is filed, whichever occurs first.  Prejudgment interest ends on the day preceding the day judgment is rendered in the case.

We will post a copy of GTECH’s Petition for Review when it is filed on or about April 27th.