Opinion
05-22-00619-CV
04-25-2023
LYNDON THOMPSON AND PAULA F. THOMPSON, Appellants v. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST VI-A, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-00129-B
Before Justices Molberg, Carlyle, and Smith
MEMORANDUM OPINION
KEN MOLBERG, JUSTICE
Appellants' brief has not been filed despite appellants being granted three extensions and an additional four months' time to file the brief. Our last order, entered March 8, 2023, concerning the brief cautioned appellants that no further extension requests would be considered and failure to file the brief by March 23, 2023, would result in the appeal being dismissed without further notice.
By motion filed March 31, 2023, appellants, who are representing themselves, seek reconsideration of our March 8th order. They seek an additional thirty days to file the brief and explain that they have spent "countless time" preparing the brief but lack "the legal knowledge" necessary "to put forth the best defense." The additional time, they argue, will allow them to continue to seek legal representation.
We empathize with appellants and recognize the value of having counsel. But nothing in appellants' motion reflects they will be retaining counsel soon. Moreover, as we noted in our March 8th order, the appeal was filed June 21, 2022, and appellants' brief was first due November 30, 2022. Although the rules of appellate procedure allow the deadline for the filing of the brief to be extended and do not limit the number of extensions that can be granted, the rules also recognize the need for prompt and efficient administration of justice and allow an appeal to be dismissed if the appellant's brief is not timely filed. See Tex. R. App. P. 38.6(d), 38.8(a)(1), 42.3(b),(c).
Given the date the appeal was filed and the date the brief was first due, as well as the uncertainty as to when counsel may be retained, we DENY appellants' motion for reconsideration and dismiss the appeal. See id. 38.8(a)(1), 42.3(b),(c).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Wilmington Savings Fund Society, FSB, as Owner Trustee of The Residential Credit Opportunities Trust VI-A recover its costs, if any, of this appeal from appellants Lyndon Thompson and Paula F. Thompson.