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Taborda v. Tamirisa

State of Texas in the Fourteenth Court of Appeals
Jun 1, 2017
NO. 14-16-00545-CV (Tex. App. Jun. 1, 2017)

Opinion

NO. 14-16-00545-CV

06-01-2017

REYNA ISABEL TABORDA AND PHILLIP L. HURLEY, Appellants v. SRINIVASACHARY V. TAMIRISA AND BARRY POWELL, Appellees


On Appeal from the 400th District Court Fort Bend County, Texas
Trial Court Cause No. 320790400

ORDER

This is an appeal from a judgment signed nearly a year ago. Due to appellants' failure to respond or late response to court orders and notices, no brief has been filed.

First, the notice of appeal was late but within the 15-day grace period to file a notice of appeal. See Tex. R. App. P. 26.3. On September 20, 2016, we ordered appellants to file a motion for extension to file the notice of appeal within 10 days or the appeal would be dismissed for lack of jurisdiction. Appellants filed no response. We dismissed the appeal on November 1, 2016.

Appellants filed a motion to reinstate the appeal the same day, as well as a motion for extension of time to file the notice of appeal. We granted both motions and reinstated the appeal on December 1, 2016.

Second, appellants did not make arrangements to pay for the reporter's record. On January 20, 2017, we notified appellants that we would consider and decide those issues that do not require a reporter's record they, within 15 days of notice, provided this court with proof of payment for the record. See Tex. R. App. P. 37.3(c). Appellants filed no response. On March 23, 2017, we ordered appellants to file a brief in by April 24, 2017, or the appeal would be dismissed want of prosecution. See Tex. R. App. P. 42.3(b).

Appellants did not respond until May 9, 2017, at which time they filed a motion for extension until May 15, 2017, to file their brief. The motion stated, "This will be Appellants' first and only request for an extension of time absent exigent circumstances." Despite that assurance, no brief has been filed.

Accordingly, we order appellants to file a brief in this appeal by June 15, 2017. A request for a further extension of time to file the brief will be regarded with disfavor.

If appellants fail to comply with this order, the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM


Summaries of

Taborda v. Tamirisa

State of Texas in the Fourteenth Court of Appeals
Jun 1, 2017
NO. 14-16-00545-CV (Tex. App. Jun. 1, 2017)
Case details for

Taborda v. Tamirisa

Case Details

Full title:REYNA ISABEL TABORDA AND PHILLIP L. HURLEY, Appellants v. SRINIVASACHARY…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 1, 2017

Citations

NO. 14-16-00545-CV (Tex. App. Jun. 1, 2017)