Opinion
01-23-00188-CV
01-23-2024
Robert Arispe v. Melissa Velazquez and Francisco Velazquez
County Civil Court at Law No. 4 of Harris County, No. 1198118
Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.
ORDER
Veronica Rivas-Molloy, Judge
On December 28, 2023, this Court issued an opinion affirming the trial court's final judgment ordering that Appellants' two pit bull terriers be humanely destroyed. On January 17, 2024, Appellants filed two affidavits, one of which asks "for extension on filing a motion [for] rehearing en b[]anc." We construe the affidavits as a motion for extension of time in which to file a motion for en banc reconsideration.
Texas Rule of Appellate Procedure 49.9 governs extensions of time for filing motions for rehearing. Rule 49.9 states, "A court of appeals may extend the time for filing a motion for rehearing or en banc reconsideration if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the motion." Tex.R.App.P. 49.9. Rule 10.5(b) provides that all motions to extend time must include the deadline for filing the item in question, the length of the extension sought, the facts relied on to reasonably explain the need for an extension, and the number of previous extensions granted regarding the item in question. Tex.R.App.P. 10.5(b).
Although Appellants' affidavits are timely, they are deficient because they do not contain any of the information required by Rule 10.5(b). We thus deny Appellants' request for extension of time without prejudice to the filing of a timely and compliant motion for extension.
It is so ORDERED.