Opinion
NO. 01-13-00863-CV
03-06-2014
DOV K. AVNI A/K/A DOV AVNI KAMINETZKY, Appellant v. DAVID A. NEWMAN, Appellee
On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Case No. 2010-22875
MEMORANDUM OPINION
Appellant, Dov K. Avni a/k/a Dov Avni Kaminetzky, has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief). Appellant's brief was due on December 9, 2013. See TEX. R. APP. P. 38.6(a). On December 27, 2013, appellant filed a motion for extension of time to file appellant's brief. See TEX. R. APP. P. 10.5(b), 38.6(d). On January 9, 2014, the Court denied appellant's motion because appellant provided no explanation for the need for an extension. See TEX. R. APP. P. 10.5(b)(1)(C) (requiring moving party to state facts relied on to reasonably explain need for extension). The Court also notified appellant that this appeal was subject to dismissal, if appellant did not file his brief or a proper motion for extension of time providing a reasonable explanation for the need for an extension by January 20, 2014. See TEX. R. APP. P. 4.1, 10.5(b), 38.1, 38.6(d), 38.8(a)(1), 42.3(b).
On February 6, 2014, appellant filed another motion for extension of time to file appellant's brief. See TEX. R. APP. P. 10.5(b), 38.6(d). Appellant's motion fails to comply with Texas Rule of Appellate Procedure 10.5(b) and specifically fails to include any explanation for the need for an extension, as required by the Rules and our January 9, 2014 order. See TEX. R. APP. P. 10.5(b). Appellant's motion for extension is denied. See TEX. R. APP. P. 10.5(b), 38.6(d) (motion for extension must comply with Rule 10.5(b)).
Because appellant has failed to file a brief or a proper motion for extension of time, we dismiss the appeal for want of prosecution for failure to timely file a brief. See TEX. R. APP. P. 42.3(b). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.