Opinion
01-24-00696-CV
11-05-2024
Sergey Yakovlev v. Maria Yakovleva
Trial court: 209th District Court of Harris County Trial court case number: 2023-25853
ORDER
Amparo M. Guerra Judge
Appellant, Sergey Yakovlev, filed a notice of appeal from the trial court's June 17, 2024 Final Decree of Divorce. On October 24, 2024, appellant filed a "Motion to Extend Time to File Bill of Exception." In his motion, appellant requests that the Court extend his deadline to file a formal bill of exception by forty-five days.
Pursuant to Texas Rule of Appellate Procedure 33.2, a formal bill of exception must be filed with the trial court "no later than 30 days after the filing party's notice of appeal is filed." See Tex. R. App. P. 33.2(e)(1). Appellant filed his notice of appeal from the trial court's judgment on September 13, 2024, making any formal bill of exception due in the trial court no later than October 14, 2024. The appellate record does not include any formal bill of exception filed with the trial court by that deadline.
However, the rules also allow an appellate court to extend the deadline for filing a formal bill of exception "if, within 15 days after the deadline for filing the bill, the party files" a motion to extend the deadline in the appellate court. See Tex. R. App. P. 33.2(e)(3). Therefore, any motion to extend the deadline for filing a formal bill of exception was due no later than October 29, 2024. Appellant's October 24, 2024 "Motion to Extend Time to File Bill of Exception" was therefore timely filed.
Appellant's motion includes a certificate of conference stating that he attempted to confer with appellee, Maria Yakovleva, but had "not heard back" at the time the motion was filed. See Tex. R. App. P. 10.1(a)(5). However, more than ten days have passed since appellant filed his motion to extend the deadline for filing a formal bill of exception, and appellee has not responded to appellant's motion. See Tex. R. App. P. 10.3(a).
Accordingly, appellant's "Motion to Extend Time to File Bill of Exception" is granted. Appellant's deadline for filing a formal bill of exception in the trial court, if any, is extended to December 2, 2024.
It is so ORDERED.