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In re Hammond

Fourth Court of Appeals San Antonio, Texas
Nov 22, 2017
No. 04-17-00371-CV (Tex. App. Nov. 22, 2017)

Opinion

No. 04-17-00371-CV

11-22-2017

IN THE MATTER OF THE GUARDIANSHIP OF DONNA JEAN HAMMOND, AN INCAPACITATED PERSON


From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 9,688
Honorable Jose A. Lopez, Judge Presiding

ORDER

Pending before the court are appellant's motion for extension of time to file an amended appellant's brief, appellee's motion to dismiss this appeal for want of prosecution, and appellee's motion for extension of time to file the appellee's brief. In his motion for an extension, appellant asserts he has been ill, does not have access to the full reporter's record, and states "[he] do[es] not know how to proceed to get them."

Our records show there were two court reporters in this case. The court reporters each filed a notice of late record in July stating appellant had not requested the record. On August 3, 2017, we issued an order reciting this case history and notified appellant he would need to provide proof to this court by August 14, 2017, that he requested the reporter's record. One of the court reporters filed her volumes of the reporter's record, but the other court reporter did not. Appellant did not provide any proof to this court that the other volumes were requested. Our August 3, 2017 order advised appellant that if he "fail[ed] to provide such proof by the date ordered, . . . the court will not consider any issues or points raised in appellant's brief that require the omitted parts of the reporter's record for a decision."

In light of the foregoing, we take no action on appellee's motion to dismiss at this time. We grant appellant's motion for extension of time to file the appellant's brief and order appellant Ronald E. Smith to file his amended brief by December 22, 2017. If a timely amended brief that corrects the deficiencies identified in this court's October 27, 2017 order is not filed, we may strike the brief, prohibit appellant from filing another, and proceed as if appellant had failed to file a brief. See TEX. R. APP. P. 38.9(a). This may include dismissal of this appeal for want of prosecution. TEX. R. APP. P. 38.8(a)(1); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.). We grant appellee's motion for extension of time and order the appellee's brief due 30 days after appellant files his amended brief, if any.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of November, 2017.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

In re Hammond

Fourth Court of Appeals San Antonio, Texas
Nov 22, 2017
No. 04-17-00371-CV (Tex. App. Nov. 22, 2017)
Case details for

In re Hammond

Case Details

Full title:IN THE MATTER OF THE GUARDIANSHIP OF DONNA JEAN HAMMOND, AN INCAPACITATED…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 22, 2017

Citations

No. 04-17-00371-CV (Tex. App. Nov. 22, 2017)