Opinion
No. 06-17-00003-CV
08-22-2017
CAROLYN BARNES, Appellant v. MARIA SANTOS DONIHOO, Appellee
On Appeal from the 220th District Court Hamilton County, Texas
Trial Court No. CV10310 Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
The appellant's brief in this matter was originally due March 29, 2017. On Barnes' motion, that deadline was extended to April 28, 2017. Barnes then filed a second motion for an extension of time raising allegations that the record was incomplete and/or inaccurate. In response to Barnes' second motion for an extension of time, we abated this matter to the trial court with specific instructions to review the appellate record and Barnes' allegations regarding that record and to make findings regarding the completeness of the record, as well as recommendations regarding whether Barnes is entitled to a new trial as a result of any problems with the record. The trial court conducted an exhaustive hearing on this issue and found that, while there were some very minor issues with the record, all of which have now been corrected, the record is accurate and complete.
We note that Barnes filed two mandamus petitions in this Court raising substantially the same issues, both of which were dismissed for want of jurisdiction. Additionally, Barnes filed a nearly identical mandamus petition in the Tenth Court of Appeals that was denied by our sister court. See In re Barnes, No. 10-17-00122-CV, 2017 WL 1452839, at *1 (Tex. App.—Waco Apr. 18, 2017, orig. proceeding) (mem. op.). Finally, we note that Barnes has now filed a third mandamus petition that is currently pending in this Court and that raises substantially the same issues.
Notwithstanding the foregoing, Barnes persists in her efforts to re-litigate these issues. Barnes' complaints regarding the appellate record in this matter have been heard and resolved, and she now must decide whether to accept this fact and proceed with her appeal or lose her right of appeal completely by failing to prosecute the appeal.
After reviewing Barnes' most recent motion to extend the briefing deadline, as well as the facts and circumstances that led us to this point in the appeal, we find no compelling information to convince us that additional time to prepare the brief in this matter is warranted. Consequently, appellant's motion is overruled.
By this order, we set the final deadline for filing appellant's brief as September 15, 2017. This order will further serve as notice under Rule 38.8 of the Texas Rules of Appellate Procedure that, should appellant fail to file a brief on or before September 15, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1).
IT IS SO ORDERED.
BY THE COURT Date: August 22, 2017