Opinion
05-21-00411-CV
07-29-2022
TONYA PARKS, Appellant v. AFFILIATED BANK, AFFILIATED BANK FSB, AFFILIATED BANK FSB, INC., AND BANCAFFILIATED, INC., Appellees
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-19-01614-B
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is appellant's July 28, 2022 amended fourth motion for extension of time to file her brief. Appellant seeks a thirty "or" forty-five day extension of time due, in part, to family and health issues as well as an upcoming meeting with the "Court Reporters Complaint Review Committee" concerning the reporter's record in this appeal. Appellees oppose the extension and request that appellant be declared a vexatious litigant and her appeal dismissed with prejudice.
We DENY appellant's motion and appellees' requested relief. In denying appellant's motion, we note that appellant's brief was first due April 25, 2022, and that our last two extension orders cautioned appellant that further extension requests would be disfavored. We also note that, despite appellant's health issues, her extension motion is fourteen pages and, with exhibits, totals 161 pages. Appellant's third extension motion, which was also based, in part, on health issues, totaled 143 pages, inclusive of exhibits. Finally, we note that the fact that the "Court Reporters Complaint Review Committee" may be meeting shortly concerning the reporter's record in this appeal does not warrant an extension of the brief as the merits of this appeal will be decided on the record before the trial court at the time the appeal ordered was rendered. See Greystar, LLC v. Adams, 426 S.W.3d 861, 865 (Tex. App.-Dallas 2014, no pet.) (appellate court may not consider matters outside trial court record other than for limited purpose of determining its jurisdiction).
On the Court's own motion, we ORDER appellant's brief be filed no later than August 15, 2022. We caution appellant that failure to file the brief by August 15, 2022 may result in the appeal being dismissed without further notice. See Tex. R. App. P. 38.8(a)(1), 42.3(b),(c).