Opinion
No. 05-19-00581-CV
05-12-2020
SIMON MENGELE, Appellant v. UNITED TOWS, LLC AND HENRY MILLER, Appellee
On Appeal from the County Court at Law No. 1 Dallas County, Texas
Trial Court Cause No. CC-17-06296-A
ORDER
This appeal was filed May 13, 2019. Although the appellate record has been on file since August 27, 2019 and appellant's opening brief was first due September 26, 2019, the brief was not filed until February 24, 2020. The brief, however, failed to comply with the rules of appellate procedure, and appellant was directed to file an amended opening brief no later than March 23, 2020. On appellant's motion, that deadline was extended to May 7, 2020.
Our order granting the extension to May 7th cautioned appellant that further extension requests would be disfavored and that failure to file the amended brief could result in the appeal being dismissed without further notice. Rather than filing the brief, however, appellant has filed another motion, seeking a thirty-day extension.
Because the appeal has been pending a year, and appellant has had more than eight months to file a brief that complies with the appellate rules, we GRANT the motion TO THE EXTENT that we ORDER appellant's amended opening brief be filed no later than May 27, 2020. Failure to file the brief will result in dismissal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c).
/s/ BILL WHITEHILL
JUSTICE