Opinion
No. 05-08-00705-CV
Opinion Filed December 17, 2008.
On Appeal from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 08-03587-A.
Before Chief Justice THOMAS and Justices MORRIS and FRANCIS.
MEMORANDUM OPINION
On July 31, 2008, the Court granted appellant's June 20, 2008, motion for extension of time to file appellant's brief. The Court ordered appellant to file his brief by September 30, 2008. On September 24, 2008, appellant filed his second motion for extension of time to file his brief. On October 1, 2008, the Court granted appellant's second motion for extension to file his brief and ordered appellant to file his brief by October 31, 2008. The Court advised appellant that, absent extraordinary circumstances, no further extension of time to file appellant's brief would be granted and that if appellant's brief was not filed within the time specified, the Court would dismiss the appeal without further notice.
On October 22, 2008, appellant filed his brief. On October 24, 2008, the Court advised appellant of a number of deficiencies in his brief and warned appellant that if he failed to file an amended brief complying with Texas Rule of Appellate Procedure 38.1 by November 3, 2008, the appeal would be dismissed. See Tex. R. App. P. 42.3(c).
By letter filed November 12, 2008, appellant requested his deficient brief serve as his amended brief. On December 9, 2008, appellee filed a motion to dismiss the appeal for appellant's failure to comply with the Court's directive to file an appellant's brief complying with Tex. R. App. P. 38.1.
We DENY appellant's November 12, 2008, request to have his deficient brief serve as his appellant's brief. We GRANT appellee's December 9, 2008 motion to dismiss the appeal and DISMISS this appeal. See Tex. R. App. P. 42.3(c).