Opinion
No. 04-18-00204-CV
05-03-2018
Odis SPENCER, Appellant v. DEUTSCHE BANK NATIONAL TRUST, Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-CI-02307
Honorable Rosie Alvarado, Judge Presiding
ORDER
On April 2, 2018, appellant Odis Spencer filed a notice of appeal, stating he is appealing a judgment entered on February 21, 2018. Thereafter, on April 11, 2018, appellant filed a Motion of Continuance, requesting an extension of time to file his brief. Rule 38.6 of the Texas Rules of Appellate Procedure provides that an appellant's brief is due within thirty days after the later of: 1) the date the clerk's record was filed, or (2) the date the reporter's record was filed. TEX. R. APP. P. 38.6(a) (emphasis added). At this time, neither the clerk's record nor reporter's record havr been filed. Because the appellate record has not been filed, appellant's brief is not yet due.
Accordingly, we DENY appellant's motion as MOOT. Appellant is advised that his brief is due thirty days after the later of the filing of the clerk's record or reporter's record.
We order the clerk of this court to serve a copy of this order on all counsel, the district clerk of Bexar County, and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court