Opinion
01-24-00600-CV
10-15-2024
Aderoneke Aderemi v. Massandra KV Vineyards Owner, LLC
Trial court: County Civil Court at Law No. 1 of Harris County Trial court case number: 1224685
ORDER
DAVID GUNN JUDGE
In this forcible detainer action, appellant, Aderoneke Aderemi, proceeding pro se, filed a notice of appeal from the trial court's May 10, 2024 Default Judgment in favor of appellee, Massandra KV Vineyards Owner, LLC. On September 23, 2024, appellant filed a "Motion for an Extension of Time to File Formal Bill of Exception." In her motion, appellant requests that the Court extend her deadline to file a formal bill of exception to October 23, 2024.
Pursuant to Texas Rule of Appellate Procedure, a formal bill of exception must be filed with the trial court "no later than 30 days after the filing party's notice of appeal is filed." See Tex. R. App. P. 33.2(e)(1). Appellant filed her notice of appeal from the trial court's judgment on August 8, 2024, making any formal bill of exception due no later than September 9, 2024. The appellate record does not include any formal bill of exception filed with the trial court by September 9, 2024.
However, the rules also allow the appellate court to extend the deadline for filing a formal bill of exception "if, within 15 days after the deadline for filing the bill, the party files" a motion to extend the deadline. See Tex. R. App. P. 33.2(e)(3). Therefore, any motion to extend the deadline for filing a formal bill of exception was due no later than September 24, 2024. Appellant's September 23, 2024 "Motion for an Extension of Time to File Formal Bill of Exception" was therefore timely filed.
Appellant's motion includes a certificate of conference stating that she "tried to confer" with appellee, but she had "not received a response" at the time the motion was filed. See Tex. R. App. P. 10.1(a)(5). However, more than ten days has passed since appellant filed her motion to extend the deadline for filing a formal bill of exception, and appellee has not responded to appellant's motion. Accordingly, appellant's "Motion for an Extension of Time to File Formal Bill of Exception" is granted. Appellant's deadline for filing a formal bill of exception, if any, in the trial court is extended to October 23, 2024.
Additionally, on October 9, 2024, appellant filed a "Motion Relating to Informalities in the Reporter's Record." In this motion, appellant contends that the reporter's record, filed on September 12, 2024, "is inaccurate on significant parts of the record that was inaudible on the points and facts presented during the hearing," and further that the reporter's record "is missing significant part[s] of the [h]earing held on April 9[,] 2024," and further that the record "is missing [appellant's exhibits."
Appellant therefore requests that the Court "allow for a corrected [reporter's [r]ecord to be certified and sent before [appellant's brief is due." The specific relief appellant seeks from this Court is unclear in her motion. To the extent appellant contends that relevant items have been omitted from the reporter's record, she may request that the court reporter supplement the reporter's record with such omitted items. See Tex. R. App. P. 34.6(d).
To the extent appellant seeks an extension of the deadline for filing her brief, currently set as October 14, 2024, appellant may file for the Court's consideration a motion for extension of time to file her brief which complies with Texas Rule of Appellate Procedure 10.5(b). Because appellant fails to identify the specific relief sought by her "Motion Relating to Informalities in the Reporter's Record," her motion is denied.
It is so ORDERED.