Opinion
01-23-00680-CV
02-27-2024
Helen Tyne Mayfield v. Richard Worthen
157th District Court of Harris County Trial court case number: 2019-70163
ORDER
VERONICA RIVAS-MOLLOY, JUDGE
Appellant Helen Mayfield, proceeding pro se, filed a restricted Notice of Appeal from the trial court's February 14, 2023 order granting Appellee Richard Worthen's motion for summary judgment. Appellant alleged she had only learned of the challenged order on August 14, 2023, and that Appellee's motion was granted "without notice of hearing, service or notice by the clerk of the granting of the motion."
Summary Judgment
The record reflects that: on January 13, 2023, Appellee Richard Worthen filed a Motion for Summary Judgment; on February 3, 2023, Appellant filed a Response to [Appellee's] Motion for Summary Judgment and [her] Countermotion for Summary Judgment. Appellant further filed a Motion to Strike Summary Judgment Evidence of [Appellee], wherein she stated that on January 13, 2023, Appellee filed a "traditional motion for summary judgment;" on February 9, 2023, Appellee filed a Motion to Strike [Appellant's] Late Summary Judgment Response, indicating that on January 13, 2023, he had filed "no-evidence and traditional motions for summary judgment;" and on February 14, 2023, the trial court granted Appellee's summary judgment motion.
Record and Motions for Extension to File Brief
The clerk's record was filed on September 21, 2023. And a reporter's record of a hearing held on September 3, 2020 as to Appellant's "Motion to Clarify Orders" was filed on September 27, 2023.
A reporter's record of the same hearing, but with the correct trial cause number, was filed on December 21, 2023.
Appellant's brief was originally due on October 27, 2023.
On October 25, 2023, Appellant filed a motion for extension of time in which to file her brief, stating that her computers and legal files were stolen. This Court extended Appellant's deadline to file her brief to November 27, 2023.
Appellant did not file her brief on the due date. Instead, on November 29, 2023, she filed a second motion for extension on the ground that the reporter's record is incomplete and that she "has been unable to obtain . . . the reporter's record of 2023." According to Appellant, Appellee "filed 2 motions for summary judgment and had only served [her] with one motion." We again granted Appellant an extension of time to file her brief, this time to January 16, 2024, informing her that "no further extensions will be granted absent exceptional circumstances."
On December 28, 2023, Appellant filed a third motion for extension, stating that the reporter's record she seeks has not been filed, and requesting "and extension of time and the court's assistance in obtaining the record." Appellee did not file a response to Appellant's December 28, 2023 motion.
On January 12, 2024, Appellant filed yet a fourth motion for extension of time to file a brief, arguing that the reporter's record she seeks has not been filed. Appellant further argued that she "was not served with the Motion for Summary Judgment and no copy of the hearing is available or filed by the court reporter."
On February 23, 2023, the court reporter filed an Information Sheet stating that the reporter's record filed on December 21, 2023 was the only record in this case and that "[t]here are no other outstanding records."
Appellant's third and fourth motions to extend the time to file her brief are denied in part and granted in part.
The reporter's record has been filed and no other reporter's record exists. Contrary to Appellant's contention, the record indicates that Appellee filed one motion for summary judgment. Appellee has asserted that his summary judgment motion was a no-evidence and a traditional motion for summary judgment. To the extent Appellant seeks a reporter's record with respect to a second summary judgment motion filed by Appellee, Appellant's motion is denied.
Appellant is granted one last extension of 20 days to file her appellate brief, making her brief due on Monday, March 18, 2024. No further extensions will be granted.
This appeal may be dismissed for want of prosecution, without further notice, if Appellant does not file her brief by March 18, 2024. See Tex. R. App. P. 38.6(d), 38.8(a)(1).
It is so ORDERED.