Opinion
Appellate case number: 01-17-00031-CV
10-12-2017
Dov K. Avni v. Harris County Appraisal District
ORDER Trial court case number: 2016-65429 Trial court: 215th District Court of Harris County
Appellant Dov K. Avni filed a brief on June 30, 2017. Thus, his June 27, 2017 motion for extension of time to file his brief is DISMISSED AS MOOT.
Appellee Harris County Appraisal District filed a motion to strike Avni's brief, because that it did not comply with Rule 38.1. Avni requested an extension of time to file an amended brief, and he subsequently filed an amended and supplemental brief. Like the original brief, the amended brief also fails to comply with Rule 38.1. Accordingly, we GRANT APPELLEE'S MOTION AND STRIKE APPELLANT'S BRIEF AND AMENDED BRIEF. An appellant's brief in compliance with Rule 38.1 SHALL BE FILED BY OCTOBER 24, 2017 OR THE APPEAL WILL BE DISMISSED. Avni's motions for extension of time to file his brief are DISMISSED AS MOOT.
Avni filed a motion asking that the court take judicial notice of a supplemental clerk's record requested on June 16, 2017 and of the reporter's record of a May 19, 2017 hearing. Because both items have now been filed in the appellate record, we DISMISS APPELLANT'S MOTION FOR JUDICIAL NOTICE AS MOOT.
Avni also filed an objection to HCAD's "bad faith motion of August 8 to dismiss this appeal" and requested an extension of time to file a supplemental record. No motion to dismiss was filed in August. Avni may supplement the record and does not need court approval or an extension of time for filing a supplemental clerk's record. See TEX. R. APP. P. 34.5(c)(1), (3). Accordingly, appellant's objection and motion filed on August 17, 2017 is DENIED.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: October 12, 2017