Opinion
02-23-00308-CV
06-06-2024
Jeffrey Alan Vitt, Appellant v. Deborah Faye Vitt, Appellee
On Appeal from the 362nd District Court Denton County, Texas Trial Court No. 16-01374-362
Before Womack, Wallach, and Walker, JJ.
MEMORANDUM OPINION
Dana Womack, Justice
Appellant Jeffrey Alan Vitt (Husband), proceeding pro se, has appealed the trial court's order of dismissal for want of prosecution of his petition to modify child support and maintenance brought against Appellee Deborah Faye Vitt (Wife). On September 27, 2023, Husband filed a "Motion for Additional Time to Receive Access to All Data," which we construed as a motion for extension of time to file his appellant's brief. We granted that motion and ordered that Husband's brief was due November 17, 2023. The November 17, 2023 deadline passed without Husband filing his brief. On November 29, 2023, we notified Husband that his brief had not been filed as the appellate rules require. See Tex.R.App.P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless, on or before December 11, 2023, Husband filed with the court an appellant's brief and an accompanying motion reasonably explaining the brief's untimely filing and why an extension was needed. See Tex.R.App.P. 10.5(b), 38.8(a)(1), 42.3(b).
At that time, we had not yet set a due date for Husband's brief.
On December 8, 2023, Husband requested a ninety-day extension to file his appellant's brief. On December 11, 2023, we granted Husband's request and ordered that his brief was due March 11, 2024. In our order, we stated that "FURTHER EXTENSION REQUESTS WILL BE STRONGLY DISFAVORED." The March 11, 2024 deadline passed without Husband filing his brief. On April 9, 2024, we once again notified Husband that his brief had not been filed as the appellate rules require. See Tex.R.App.P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless, on or before April 19, 2024, Husband filed with the court an appellant's brief and an accompanying motion reasonably explaining the brief's untimely filing and why another extension was needed. See Tex.R.App.P. 10.5(b), 38.8(a)(1), 42.3(b).
The April 19, 2024 deadline passed without Husband filing his brief. On April 22, 2024, Husband filed an "Unopposed Motion for Mercy Reconsideration by the Second (2nd) Court of Appeals to Grant the Following for Good Cause Reasons." In that motion, Husband requested, among other things, that we "Restart The Entire Appeals Process." On April 23, 2024, we denied Husband's motion. In that order, we once again notified Husband that his brief had not been filed as the appellate rules require. We stated that we could dismiss the appeal for want of prosecution unless, on or before May 3, 2024, Husband filed with the court an appellant's brief and an accompanying motion reasonably explaining the brief's untimely filing and why another extension was needed. See Tex.R.App.P. 10.5(b), 38.8(a)(1), 42.3(b).
As best as we can infer from that motion, Husband desired to "Restart the Entire Appeals Process" so that this appeal could "align" with his appeal in a different case involving Wife that is pending before our court-Cause Number 02-23-00452-CV. Today, we are issuing an opinion in that case dismissing that appeal for want of prosecution.
The May 3, 2024 deadline passed without Husband filing his brief. On May 16, 2024, Husband filed a 223-page document entitled, "Aligning Both Appeals with Leniency &Understanding Mercy," which we construe as a motion for extension of time to file his appellant's brief. That motion is denied. See Stafford v. Tolbert, No. 05-03-00422-CV, 2003 WL 22096517, at *1 (Tex. App.-Dallas Sept. 10, 2003, no pet.) (per curiam) (mem. op.) (denying appellant's motion for extension to file brief because it was "not timely filed"). Because Husband has failed to file a brief even after we afforded him an ample opportunity to do so, we dismiss this appeal for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b), 43.2(f); West v. Am. Homes 4 Rent Props. Two, LLC, No. 02-15-00323-CV, 2016 WL 3658967, at *1 (Tex. App.- Fort Worth July 7, 2016, no pet.) (mem. op.) (denying appellant's fifth motion for extension of time to file her brief and dismissing appeal for want of prosecution where appellant "had five months to prepare and file her brief and . . . failed to do so").