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Shields v. Commercial State Bank

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 8, 2017
Appellate case number: 01-16-00643-CV (Tex. App. Jun. 8, 2017)

Opinion

Appellate case number: 01-16-00643-CV

06-08-2017

Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields, Individually, d/b/a Galveston Service Company, d/b/a Blu Shields Construction v. Commercial State Bank, Douglas Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne Tomolialo, Joseph Cox, Thomas Walsh and Gina F. Dominique


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_


Summaries of

Shields v. Commercial State Bank

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 8, 2017
Appellate case number: 01-16-00643-CV (Tex. App. Jun. 8, 2017)
Case details for

Shields v. Commercial State Bank

Case Details

Full title:Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields, Individually…

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Jun 8, 2017

Citations

Appellate case number: 01-16-00643-CV (Tex. App. Jun. 8, 2017)