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Diogu v. Ratana-Aporn

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Nov 25, 2014
Appellate case number: 01-14-00694-CV (Tex. App. Nov. 25, 2014)

Opinion

Appellate case number: 01-14-00694-CV

11-25-2014

Diogu Kalu Diogu II v. Yaowapa Ratana-Aporn


ORDER Trial court case number: 13-DCV-204732 Trial court: 387th District Court of Fort Bend County

On November 3, 2014, appellant, Diogu Kalu Diogu II, filed a letter with the Court, requesting that this appeal be referred to mediation. Appellee, Yaowapa Ratana-Aporn, filed a response on November 11, 2014, in which she objects to the request to refer the appeal to mediation. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.022(b) (West 2011). We deny the request to refer the case to mediation. See id. § 154.022(c).

Further, the record in this case was originally due on September 9, 2014. See TEX. R. APP. P. 35.1. The clerk's record was filed on October 3, 2014. The reporter's record has not been filed.

On September 17, 2014, the Clerk of this Court notified appellant that the court reporter responsible for preparing the record in this appeal had informed the Court that appellant had not requested preparation of the record or had not made arrangements to pay for the reporter's record. The Clerk further notified appellant that unless he either provided proof that he had paid or made arrangements to pay for preparation of the reporter's record or filed a response showing that he was exempt from paying for the reporter's record by October 17, 2014, the Court might consider and decide only those issues or points that do not require a reporter's record. See TEX. R. APP. P. 37.3(c). Appellant failed to respond to the notice.

Accordingly, the Court will consider and decide those issues or points that do not require a reporter's record for a decision. See id.

Finally, on November 21, 2014, appellant filed a "Motion to Abate Appeal and Send to ADR," requesting that we "abate this appeal for three (3) months," that we refer the appeal to alternative dispute resolution during the period of abatement, and that we extend the time to file the appellant's brief to February 20, 2015.

To date, no deadline for the filing of appellant's brief has been set. Nevertheless, we grant appellant's motion in part. To the extent appellant requests abatement of this appeal and referral to mediation, we deny the motion. To the extent appellant requests an extension of time until February 20, 2015 to file his brief, we partially grant the motion.

Appellant's brief is therefore ORDERED to be filed within 60 days of the date of this order. See TEX. R. APP. P. 38.6(a). Appellee's brief, if any, is ORDERED to be filed within 30 days of the filing of appellant's brief. See TEX. R. APP. P. 38.6(b).

It is so ORDERED. Judge's signature: /s/ Chief Justice Sherry Radack

[×] Acting individually [ ] Acting for the Court
Date: November 25, 2015


Summaries of

Diogu v. Ratana-Aporn

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Nov 25, 2014
Appellate case number: 01-14-00694-CV (Tex. App. Nov. 25, 2014)
Case details for

Diogu v. Ratana-Aporn

Case Details

Full title:Diogu Kalu Diogu II v. Yaowapa Ratana-Aporn

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Nov 25, 2014

Citations

Appellate case number: 01-14-00694-CV (Tex. App. Nov. 25, 2014)