Opinion
01-24-00475-CV
12-17-2024
Amazing Paws, LLC v. Melissa Pedraza
County Court No. 4 of Brazoria County Trial court number: CI64165
ORDER
AMPARO MONIQUE GUERRA, JUDGE
Appellant, Amazing Paws, LLC, filed a notice of appeal from the trial court's June 14, 2024 final judgment. The appellate record was completed on October 11, 2024, making appellant's brief due on or before November 12, 2024. See Tex. R. App. P. 38.6(a). Appellant failed to file a brief by the deadline. Accordingly, on November 26, 2024, the Clerk of the Court notified appellant that the time for filing its brief had expired, and that the appeal was subject to dismissal unless, within ten days of the date of the notice, appellant filed its brief or a meritorious motion to extend time to file its brief.
On December 6, 2024, appellant filed an "Unopposed First Motion to Extend Time to File Appellant's Brief." In its motion, appellant requested that the deadline for filing its brief be extended to January 15, 2025. Appellant stated that the extension is necessary due to counsel's "daily practice," including "preparing briefs and preparing for and attending trial in several other cases," making it "impossible to reach this case for study and analysis." The motion further noted that the record in this appeal "was in three volumes" and therefore, counsel "needs additional time to familiarize himself with the record and legal issues in the case." The motion then stated that counsel "had recent medical issues which caused her to be on medical leave from her practice . . . for several weeks."
We note however that while appellant has titled its motion as an "unopposed" motion for extension, appellant further stated that counsel "attempted to confer with" appellee, Melissa Pedraza regarding the requested extension, but that counsel for appellee had "not indicated whether his client is opposed [to] this motion." See Tex. R. App. P. 10.1(a)(5).
Also on December 6, 2024, appellee filed a response to appellant's motion, requesting that the Court deny the extension requested by appellant. In response, appellee noted that appellant misrepresented to the Court that the motion was "[u]nopposed when in fact, [c]ounsel for [a]ppellee[] ha[d] communicated opposition to the motion for an extension." Appellee further argued that appellant "fail[ed] to state with particularity the reasons for the delay" in filing a brief and necessity for an extension.
Appellant's first motion to extend is granted. Appellant's brief is due to be filed no later than January 15, 2025. See Tex. R. App. P. 10.5(b), 38.6(d). However, no further extensions of appellant's deadline to file a brief will be considered absent extraordinary circumstances.
It is so ORDERED.