Opinion
01-23-00473-CV
01-04-2024
Ava Washington v. Margaret Victoria
Probate Court No. 4 of Harris County, Trial court case number: 454297
ORDER
Veronica Rivas-Molloy, Judge.
Appellant's brief was originally due on October 6, 2023. Appellant received two prior extensions in which to file her brief, extending the deadline until December 21, 2023. On December 8, 2023, Appellant filed an Amended Motion to Abate Appeal "and reset the briefing deadlines" because "the full reporter's record has not yet been filed." In objecting to Appellant's Motion, Appellee Margaret Victoria argues that Appellant's Motion "is a thinly veiled motion for extension of time" in which to file her brief. Appellant filed a reply to Appellee's response.
The record reflects that on November 2, 2023, Appellant requested a supplemental record with the remainder of the jury trial transcript, which Appellant paid for on December 1, 2023. The court reporter asked for an extension to file a supplemental record. On December 22, 2023, the Court granted the extension, making the supplemental record due on February 1, 2024. After filing her brief on December 21, 2023, Appellant filed a Supplement to Amended Motion to Abate Appeal, asserting that she intends to file an amended brief once the supplemental record is filed, and requesting we abate the deadline for Appellee's brief.
Appellant's Amended Motion to Abate Appeal is denied in part and granted in part. Appellant's request to abate the appeal is denied. Appellant's request for extension of time to file an amended brief is granted.
Appellant's amended brief is due within twenty (20) days of the filing of the supplemental record. See TEX. R. APP. P. 38.6(a); (d). Appellee's brief is due within 30 days of the filing of Appellant's brief. See TEX. R. APP. P. 38.6(b). Any reply brief is to be filed, if at all, within 20 days after the date Appellee's brief is filed. TEX. R. APP. P. 38.6(c).
It is so ORDERED.