Opinion
01-24-00476-CV
08-01-2024
Fernando Yates v. Houston Independent School District
County Civil Court at Law No. 2 of Harris County Trial court case number: 1216651
ORDER
Veronica Rivas-Molloy, Judge
Appellant Fernando Yates, proceeding pro se, filed a notice of appeal from the county court's June 18, 2024 order. His brief is due on July 26, 2024. On July 19, 2024, Appellant filed a motion for extension of time to file his brief. Appellant's motion does not comply with the Texas Rules of Appellate Procedure because it does not contain a certificate of conference. See Tex. R. App. P. 10.1(a)(5) (motion must "contain or be accompanied by a certificate stating that the filing party conferred or made a reasonable attempt to confer, with . . . [opposing] part[y] about the merits of the motion and whether th[at] part[y] oppose[s] the motion.). And the "proof of service" included in Appellant's motion does not comply with Texas Rule of Appellate Procedure 9.5(e) because it only states that Appellant "informed [opposing party's attorney] via g-mail." See Tex. R. App. P. 9.5(e). To confirm that service has been completed, Rule 9.5(e) provides that a "certificate of service must be signed by the person who made the service" indicating (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party's attorney, the name of the party represented by that attorney." Tex.R.App.P. 9.5(e). For these reasons, we deny Appellant's motion without prejudice to Appellant refiling a motion that complies with the Texas Rules of Appellate Procedure.
We further note that to date, Appellant has not paid the appellate filing fee. See Tex. R. App. P. 5. On July 19, 2024, the Clerk of this Court notified Appellant that unless he notified the Court in writing as to why he should not pay the fee or paid the appellate filing fee on or before Monday, August 19, 2024, his appeal would be subject to dismissal. Appellant is reminded to adequately respond to the Court's notice.
It is so ORDERED.