Opinion
01-23-00628-CV
03-05-2024
Trial court: 190th District Court of Harris County Trial court case numbers: 2016-49657
ORDER
April Farris Judge
Appellant, Carl Ray Marburger, proceeding pro se, appealed from the trial court's July 28, 2023 final judgment. On February 20, 2024, appellant filed two motions with the Court, including a "Motion to Dismiss" and a request for extension of time to file his appellant's brief.
Appellant's "Motion to Dismiss" includes a "[s]ummary of facts and evidence of why dismissal is requested and should be granted." However, appellant's motion fails to specifically "set forth the . . . relief sought," and it is unclear whether appellant is requesting the dismissal of his appeal from the trial court's final judgment, or some other relief which this Court is unable to grant. See Tex. R. App. P. 10.1(a)(3). Accordingly, we deny appellant's motion to dismiss.
Further, in addition to his "Motion to Dismiss," appellant also filed a request for an extension of time to file his brief. In this request, appellant states that he needs additional "time to review the documents and exhibits submitted to this [C]ourt to make sure all relevant exhibits are available for review to receive a fair conclusion to this case." Appellant's brief was originally due on February 21, 2024. While his request for extension does not include the length of extension sought, we grant his request for an extension. Appellant's brief is due on or before April 19, 2024.
It is so ORDERED.