Opinion
Appellate case number: 01-16-00643-CV
06-08-2017
ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF PROSECUTION Trial court case number: 2015-06750 Trial court: 129th District Court of Harris County
This Court's May 25, 2017 Order, among other things, struck appellants' amended brief and ordered appellants to file a second amended brief within 30 days of that Order. On June 1, 2017, appellants filed a pro se "Motion to Exceed the Word Limit" requesting this Court to "reconsider accepting our prior Amended Brief of Appellant[]s." Because this Court's May 25, 2017 Order already struck appellants' amended brief for non-compliance with the page limit and briefing rules, there is no longer any amended brief on file to reconsider accepting. Thus, the Court construes appellants' motion, not as a Rule 49.1 rehearing motion, but as a Rule 9.4 motion to exceed the word limit for a future second amended brief, and DENIES the motion. See TEX. R. APP. P. 9.4(i)(4), 49.1.
Accordingly, the Court ORDERS the appellants to file a second amended brief that conforms with Rule 9.4, 15,000 words or less if computer-generated, or 50 pages or less if not, with a corrected certificate of compliance, and complies with Rule 38.1 with a separate appendix. See TEX. R. APP. P. 9.4(i)(2)(B), (3), 38.1(a)-(k). Appellants must file a compliant second amended brief within 30 days from the date of this order or this Court will proceed as if appellants had failed to file a brief and dismiss this appeal for want of prosecution without further notice. See id. 38.8(a), 38.9(a), 42.3(b), (c).
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court Date: June 8, 2017_