Opinion
08-24-00102-CV
08-19-2024
CHRISTOPHER JAMES VRBA, Appellant, v. BRIANNA RENEA VASQUEZ, Appellee.
Appeal from the County Court at Law No. 4 of Williamson County, Texas (TC# 17-3058-FC4)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
Appellant's brief was originally due on June 19, 2024. On July 1, 2024, the Clerk of this Court sent notice to Appellant that his appeal would be submitted for dismissal for want of prosecution if no brief and motion for an extension of time to file his brief were submitted by June 22, 2024.
In response to that notice, Appellant submitted via facsimile what appeared to be a possible brief, but it did not include this Court's case number. To the extent it might have been a brief, it was not in compliance with subsections (b), (c), (g), (h), (i) and (k) of Texas Rule of Appellate Procedure 38.1. Thus, the Court rejected the filing, ordered the Clerk to return it to Appellant, and gave Appellant additional time-until August 14, 2024-to file a brief and a motion for extension to file his brief.
On August 14, 2024, Appellant resubmitted the document via facsimile, unaccompanied by a motion for extension of time, but with a note indicating that he was resending his document via facsimile with the understanding that it had not gone through in his previous transmission. The document is titled "Petition for Review," which appears to be directed to the Texas Supreme Court. To the extent the document is intended to serve as an appellate brief, it is not in compliance with the aforementioned subsections of Rule 38.1 for appellate briefs. At this time, the Court is unable to determine if Appellant is attempting to file a petition for discretionary review with the Texas Supreme Court, as the document is titled, or an appellate brief in this case before this Court. The Court ORDERS the Clerk to return the document to Appellant.
Should Appellant wish to file an Appellant's brief with this Court in this case, Appellant must file both a motion for extension of time and his appellate brief NO LATER THAN AUGUST 26, 2024, clearly identifying them as such, including the case number in this Court. If an Appellant's brief and a request for an extension of time to file the same is not received by August 26, 2024, Appellant's appeal will be subject to dismissal for want of prosecution without further notice. Tex.R.App.P. 38.8(a)(1) (allowing an appellate court to dismiss a civil appeal for want of prosecution if the appellant fails to file a brief).
IT IS SO ORDERED