Opinion
01-23-00161-CV
01-23-2024
JoJo Arthur v. Braeburn Plaza, Inc.
113th District Court of Harris County, Trial No. 2021 -47686.
ORDER
Amparo Monique Guerra, Judge
On March 2, 2023, appellant, JoJo Arthur, filed an appeal from the trial court's January 31, 2023 "Order and Final Judgment." On January 8, 2024, appellee, Braeburn Plaza, Inc. filed a "Motion to Dismiss with Prejudice." In its motion, appellee requested that the appeal be dismissed because appellant, JoJo Arthur had failed to timely file a brief.
Appellant's brief was originally due to be filed on or before November 9, 2023. Appellant failed to file a brief by that deadline, and on November 15, 2023, the Court notified appellant that the deadline for filing his brief had expired and directed appellant to file a brief, along with a motion to extend time to file a brief, within ten days. On November 28, 2023, appellant filed a motion for extension of time to file a brief, requesting that the deadline for filing appellant's brief be extended to February 12, 2024. Appellant's motion was granted in part, extending the deadline for filing a brief to January 5, 2024. Appellant failed to file a brief by the extended deadline.
On January 8, 2024, appellee filed its motion to dismiss. However, on January 11, 2024, appellant filed a "Motion to Accept Late Filed Brief," as well as his appellant's brief. On January 12, 2024, the Court granted appellant's motion to accept late filed brief, and accepted his brief as timely filed. Accordingly, appellee's motion to dismiss the appeal based on appellant's failure to file a brief is denied as moot. Appellee's brief is due to be filed on or before February 12, 2024.
It is so ORDERED.