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