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Orozco v. Wawrzynski

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 16, 2024
No. 13-23-00442-CV (Tex. App. Jul. 16, 2024)

Opinion

13-23-00442-CV

07-16-2024

ALFREDO OROZCO, Appellant, v. JAKE WAWRZYNSKI, Appellee.


ON APPEAL FROM THE 28TH DISTRICT COURT OF NUECES COUNTY, TEXAS.

Before Contreras, Chief Justice and Tijerina and Peña, Justices.

ORDER

PER CURIAM

This cause is before the Court on appellee's motion to sanction appellant, motion to deny appellant's informal request for motion for extension to time to file brief, motion to dismiss for want of prosecution, and motion to affirm judgment without examining the record. The cause is also before the Court on appellant's correspondence dated July 9, 2024, which we construe as a motion for extension of time to file the brief.

On May 8, 2024, the Clerk of the Court sent appellant notice that the reporter's record had been received on May 7, 2024, and that the briefing time schedule had begun. Accordingly, appellant's brief was due to be filed on or before June 6, 2024. On June 21, 2024, the Clerk of the Court notified appellant that the brief was late, and further notified appellant that the appeal was subject to dismissal for want of prosecution.

Appellant filed the correspondence in response to the Clerk's notice which is construed as a motion for extension of time to file a brief. While the response addresses the late brief, it also references irrelevant law. Nonetheless, appellant now requests ninety days to file his brief.

The Court, having fully examined and considered the correspondence and timeline of this appeal is of the opinion that the extension requested should be granted in part and denied in part by Order. Accordingly, appellee's motion to deny appellant's informal request for motion for extension of time to file brief is hereby denied. Furthermore, we will carry appellee's motion to sanction appellant, motion to dismiss for want of prosecution, and motion to affirm judgment without examining the record.

It is therefore ordered that appellant, Alfredo Orozco, file his brief with this Court on or before 5:00 p.m. on August 15, 2024. Appellant is reminded the Court may dismiss the appeal for want of prosecution unless appellant complies with this order or timely requests an extension which reasonably explains the failure to timely file a brief and the appellee is not significantly injured by the delay. See Tex. R. App. P 38.8(a)(1), 42.3(b),(c).


Summaries of

Orozco v. Wawrzynski

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 16, 2024
No. 13-23-00442-CV (Tex. App. Jul. 16, 2024)
Case details for

Orozco v. Wawrzynski

Case Details

Full title:ALFREDO OROZCO, Appellant, v. JAKE WAWRZYNSKI, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Jul 16, 2024

Citations

No. 13-23-00442-CV (Tex. App. Jul. 16, 2024)