Opinion
01-22-00563-CV
09-28-2023
Leslie Garza v. Lelia H. Rodgers
Trial court: 157th District Court of Harris County, Trial court case number: 2020-01673.
ORDER
Amparo Guerra, Judge.
Appellant, Leslie Garza, filed a restricted appeal from the trial court's February 9, 2022 final judgment. The record in this appeal was due to be filed on August 26, 2022. See Tex. R. App. P. 35.1(a). The clerk's record was filed on October 7, 2022. No reporter's record was filed. Appellant was notified that there was a reporter's record in this case, and that unless appellant submitted written evidence that a reporter's record was requested, and that appellant had paid or made arrangements to pay the fee for the preparation of the reporter's record, the Court may require appellant to file her brief and consider the appeal without a reporter's record. See Tex. R. App. P. 37.3(c).
After appellant did not respond to the Court's notice, on April 6, 2023, the Court notified appellant that the Court would consider and decide those issues or points that did not require a reporter's record for a decision. See Tex. R. App. P. 37.3. The Court set the deadline for appellant to file her appellant's brief as May 8, 2023. See Tex. R. App. P. 38.6. However, appellant did not file a brief, or motion to extend time to file her brief by that deadline.
On May 31, 2023, appellant filed a "First Motion for Extension of Time to File Appellant's Brief," requesting that her deadline to file her brief be extended to June 30, 2023. The Court granted appellant's motion, extending the deadline to file her brief to June 30, 2023. However, appellant failed to file a brief by the extended deadline. On July 5, 2023, appellant was notified by the Clerk of the Court that the time for filing a brief had expired and that the appeal was subject to dismissal unless appellant filed a brief or motion to extend time to file a brief.
On August 1, 2023, appellant filed a second motion for extension of time to file her brief, requesting that the deadline for filing her appellant's brief be extended to September 18, 2023. Appellant's motion stated that the extension was requested because the reporter's record was not "prepared until July 7, 2023." However, as noted above, the reporter's record was originally due on August 26, 2022, and was not filed because appellant failed to request the preparation of a reporter's record or to make arrangements for payment for the preparation of a reporter's record. Accordingly, and as noted above, on April 6, 2023, the Court notified the parties that the appeal would be considered and decided on points or issues which did not require a reporter's record.
Notably, appellant's second motion for extension of time also stated that the reporter's record was prepared on July 7, 2023, but payment arrangements were not made until August 1, 2023. On August 8, 2023, the Court granted appellant's second motion for extension, extending the deadline for appellant to file her brief to September 18, 2023. Appellant was further notified that no further extensions would be granted absent extraordinary circumstances, and the failure to file a brief by the extended deadline could result in dismissal of her appeal.
Despite the Court's notice, appellant did not file her brief by the extended deadline. Instead, on September 20, 2023, appellant filed her third motion for extension of time to file her appellant's brief, requesting that the deadline for filing her brief be extended to September 22, 2023. In the motion, appellant states that the extension is requested because appellant did not receive the reporter's record until September 8, 2023.
Appellant's motion does not include a certificate of conference stating that appellant conferred, or made a reasonable effort to confer, with appellee regarding the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5).
Appellant's motion for extension of time to file a brief is denied. Appellant is directed to file her appellant's brief within ten days of the date of this order. Failure to file a brief within ten days of this order will result in dismissal of the appeal. See Tex. R. App. P. 42.3(b), (c).
It is so ORDERED.