Opinion
14-21-00468-CV
03-01-2024
SCWYANA SMITH, Appellant v. ANKUS, L.L.C., Appellee
On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2018-52368
Panel Consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
ORDER
PER CURIAM
On August 31, 2023, we dismissed this appeal because appellant failed to file a brief after being granted at least three extensions to file her brief since the time the notice of appeal was filed on August 11, 2021. This court also issued multiple warnings to appellant that her case would be dismissed if a brief was not filed. Further, we have abated this case multiple times on appellant's request to correct alleged inaccuracies in the record.
After our August 31, 2023 opinion was issued, appellant filed a timely motion for rehearing. Appellant filed an untimely motion for en banc reconsideration. Because that motion was filed within the 15-day grace period, we ordered appellant to file a motion to extend time to file her motion for en banc reconsideration within ten days. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time within ten days. Accordingly, on December 14, 2023, we denied appellant's motion for rehearing and dismissed her motion for en banc reconsideration for lack of jurisdiction. This court's plenary power expired on January 16, 2024. See Tex.R.App.P. 19.1(b) ("A court of appeals' plenary power over its judgment expires 30 days after the court overrules all timely filed motions for rehearing or en banc reconsideration, and all timely filed motions to extend time to file such a motion.").
Since the time we denied her motion for rehearing and dismissed her motion for en banc reconsideration, but after our plenary power expired, appellant has filed 18 motions. As of the date of this order, there are 15 motions pending. We lack plenary power to hear any further motions.
Accordingly, no further action will be taken by this court on any motion filed by appellant, including the pending motions.
Appellant's petition for review in the Texas Supreme Court was due on January 29, 2024. On February 23, 2024, she filed a motion to extend time to file a petition for review in the Texas Supreme Court. That motion has been denied. This court will issue the mandate in this case immediately.