Opinion
05-22-00098-CV
06-21-2022
AL M. WILLIAMS, Appellant v. ECOM/WILLMAX BELLAGIO, L.P. D/B/A LADERA, Appellee
On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-17458
ORDER
KEN MOLBERG JUSTICE
Before the Court is appellant's June 15, 2022 motion seeking a third extension of time to file his brief on the merits. Appellant offers two reasons why he needs a third extension. First, he asserts he needs an extension "until the [trial] court issues an order about why it pulled my hearing" that was set for June 8, 2022. Second, he asserts the reporter's record is incomplete because it does not include all hearings held after he filed his notice of appeal. This appeal concerns the trial court's November 9, 2021 order dismissing appellant's claims against appellee.This Court's review is limited to the record before the trial court at that time. See Johnson by Johnson v. Li, 762 S.W.2d 307, 308 (Tex. App.-Fort Worth 1988, writ denied). Thus, the record from a subsequent hearing or an explanation as to why a post-judgment hearing was canceled will have no bearing on this appeal. Appellant also requests that we accept his prior petition for writ of mandamus filed with this Court as his brief. The requirements for an appellant's brief are different than the requirements for a petition for writ of mandamus. See TEX. R. APP. P. 38.1. Accordingly, we DENY appellant's motion.
This interlocutory judgment was rendered final on December 13, 2021 when the trial court signed an order granting Ladera's motion for severance.
On the Court's own motion, we ORDER appellant to file his brief on the merits on or before July 1, 2022. We caution appellant that failure to file his brief by that date may result in dismissal of the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1).