Opinion
01-23-00801-CV
01-18-2024
461st District Court of Brazoria County, No. 75051-F.
ORDER
Amparo Monique Guerra, Judge
Appellant, Dakesha Danyell Robinson, has filed a restricted appeal from the trial court's default judgment entered against her. On January 11, 2024, appellee, Randall Wayne Kelley, proceeding pro se, filed a "Motion for Continuance and Notice of Hearing." Appellee's motion states that "[t]his case is presently set for a hearing" on January 17, 2024. This Court's records do not reflect any such hearing or oral argument set for January 17,2024. However, the Court's records reflect that appellant filed her brief on December 18, 2023, making appellee's brief due to be filed on or before January 17, 2024. See Tex. R. App. P. 38.6(b).
Accordingly, we construe appellee's "Motion for Continuance and Notice of Hearing" as a motion to extend the deadline for filing his appellee's brief. In his motion, appellee states that he needs additional time "to retain and afford [an] attorney to properly prepare for this case so that justice may be served."
Appellee's motion does not state the length of extension requested to file his appellee's brief. See Tex. R. App. P. 10.5(b)(1)(B). Appellee's brief further does not include a certificate of conference stating that he conferred, or made a reasonable attempt to confer, with the other parties regarding whether the relief requested in the motion is opposed. See Tex. R. App. P. 10.1(a)(5).
Appellee's motion to extend the deadline to file his brief is granted. Appellee's brief is due to be filed on or before February 22, 2024. No additional extensions will be granted absent extraordinary circumstances. The failure to file an appellee's brief by the extended deadline may result in the Court setting the case "at-issue" and considering the case without an appellee's brief. See Tex. R. App. P. 10.5(b), 38.6(d).
It is so ORDERED.