Chavez v. Rasco

Full title: Uber Soto Chavez, Appellant v. Sabrina Rene Smith Rasco, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Oct 31, 2024

No. 03-24-00121-CV (Tex. App. Oct. 31, 2024)

Opinion

03-24-00121-CV

10-31-2024

Uber Soto Chavez, Appellant v. Sabrina Rene Smith Rasco, Appellee

Rosa Lopez Theofanis, Justice

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-FM-22-003845 THE HONORABLE DANIELLA DESETA LYTTLE, JUDGE PRESIDING

Before Justices Baker, Smith, and Theofanis

MEMORANDUM OPINION

Rosa Lopez Theofanis, Justice

This appeal is from a final divorce decree between the parties that includes determinations about conservatorship and access and possession of the parties' child.

Appellant's brief was originally due on April 22, 2024. This Court has already granted six motions requesting extensions of time to file appellant's brief. In each of the motions, appellant sought extensions based on his counsel's workload and represented that he attempted to confer with opposing counsel on April 22, 2024, but that opposing counsel advised counsel that appellee had hired appellate counsel and that opposing counsel could not comment on the motion.

In granting appellant's motion for extension from the deadline of September 20, 2024, this Court advised counsel that no further extensions would be granted. On September 20, 2024, appellant did not file his brief but filed another motion for extension.

Although this Court granted the motion and extended the deadline until October 21, 2024, we advised appellant that we may dismiss the appeal for want of prosecution if he failed to file a brief by that date.

Appellant has failed to file a brief by October 21, 2024. Instead, on October 21, 2024, he filed a seventh motion for extension of time, requesting another 30-day extension to file his brief based on his attorney's workload, and he continues to rely on his attempt to confer with opposing counsel in April 2024. Given the nature of the case and on this record, we conclude that appellant has failed to comply with the notice from the clerk of this Court to file his brief by October 21, 2024; we deny his motion for extension; and we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

Dismissed for Want of Prosecution