Opinion
05-24-00199-CV
08-13-2024
BAYLEN D. WRIGHT AND TABETHA PORTER-WRIGHT, AND ALL OTHER OCCUPANTS, Appellants v. MUHAMMAD ASIF SHAMIM, Appellee
On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 002-00321-2024
ORDER
KEN MOLBERG, JUSTICE
On February 20, 2024, husband and wife Baylen D. Wright and Tabetha Porter-Wright filed separate notices of appeal challenging the underlying eviction judgment. Subsequently, we granted their individual motions to file their respective briefs and ordered the briefs filed by June 14, 2024. Mr. Wight's brief was received July 25; Ms. Porter-Wright's brief has not been filed.
Before the Court is Mr. Wright's August 12, 2024 motion for an extension of time to file the briefs. We GRANT the motion TO THE EXTENT THAT we ORDER Mr. Wright's July 25 brief filed as of the date of this order.
To the extent the motion seeks additional time for Ms. Porter-Wright to file her brief, Mr. Wright is not an attorney, and a person who is not an attorney may not represent another person or file documents on another person's behalf. See Tex. R. Civ. P. 7; Jimison by Parker v. Mann, 957 S.W.2d 860, 861 (Tex. App.- Amarillo 1997, no writ) (per curiam). Nonetheless, in the interest of justice and based on the explanation provided in the motion, we GRANT Ms. Porter-Wright an extension of time and ORDER the brief filed no later than September 12, 2024. Because the brief was first due April 27, 2024, we caution Ms. Porter-Wright that further extensions may not be granted absent exigent circumstances.
We note Mr. Wright's brief does not comply with the briefing requirements of Texas Rule of Appellate Procedure 38.1. Specifically, the brief fails to include citations to the reporter's and clerk's records. See Tex. R. App. P. 38.1(g) (statement of facts), (i) (argument). The brief also fails to include argument for the contentions made in issues two and three. See id. 38.1(i). Accordingly, we ORDER Mr. Wright to file an amended brief that complies with rule 38.1 no later than August 31, 2024. We caution Mr. Wright that failure to comply may result in his appeal being submitted on the deficient brief or being dismissed under appellate rules 38.8 and 42.3. See id. 38.8(a), 42.3(b),(c).