Opinion
01-23-00419-CV
05-30-2024
Jack Madison Maniscalco, Jr. v. Darren Womack and Richard Womack
Trial court: Probate Court No. 3 of Harris County, Trial court case number: 484217
Order
Veronica Rivas-Molloy, Judge.
This appeal concerns a contested probate proceeding between Jack Madison Maniscalco Jr. and Darren Womack, individually and as Independent Executor of the Estate of Donald Womack, and Richard Womack. All three parties filed a notice of appeal.
Maniscalco, Jr., Darren Womack, and Richard Womack filed their opening briefs on April 17, 2024. On May 6, 2024, the Court granted Appellant/Cross-Appellee Jack Madison Maniscalco, Jr.'s motion to extend time to file his response brief to May 28, 2024.
On May 15, 2024, non-party and Maniscalco Jr.'s former trial counsel, Ford + Bergner LLP, filed a "Motion to Extend Time to File Brief" in response to briefs filed by Appellees/Cross-Appellants Darren Womack and Richard Womack, explaining that it formerly represented Maniscalco, Jr. in the underlying case and had filed a claim for attorney's fees in the trial court.Appellee/Cross-Appellant Richard Womack objected to the motion arguing that Ford + Bergner LLP's motion should be stricken because "Ford + Bergner LLP is not a party to this appeal," "does not represent any party to the appeal," and thus, "has no authority to file any motion or brief."
Ford + Bergner LLP is not Maniscalco Jr.'s appellate counsel. Maniscalco Jr. is represented on appeal by Travis Lee Shaw of Patout & Shaw, PLLC.
When originally filed, the Clerk of the Court misconstrued Ford + Bergner LLP's motion as a second motion for an extension of time for Appellant/Cross-Appellee Maniscalco, Jr. to file his responsive brief, and on May 16, 2024, it granted the motion, extending Maniscalco, Jr.'s deadline to file his response brief to June 17, 2024.
Because Ford + Bergner LLP did not file a notice of appeal, it is not a party to this appeal. Ford + Bergner, LLP also does not represent any party to the appeal. Consequently, it lacks standing to file a brief. See Tex. R. App. P. 25.1. We thus strike Ford + Bergner LLP's motion and vacate our prior May 16, 2024 order. The deadline for Cross-Appellee Maniscalco, Jr. to file his response brief remains May 28, 2024.
It is so ORDERED.