DEVILBISS v. BURCH

No. 04-16-00711-CV.

John DEVILBISS, Appellant, v. Majorie BURCH, Appellee.

Court of Appeals of Texas, Fourth District, San Antonio.


Attorney(s) appearing for the Case

Kristopher Bowen, Jr. , for Majorie Burch, Appellee.

John Devilbiss, for Appellant, Pro se.


ORDER

MARIALYN BARNARD, Justice.

Appellant's brief was originally due May 8, 2017. After this court struck appellant's original brief for failure to comply with the briefing rules, appellant's amended brief was due July 17, 2017. Thereafter, appellant filed a motion for extension of time asking for an additional seven days in which to file his brief. We granted appellant's motion. Appellant then filed another motion for extension of time asking for an additional fourteen days in which to file his amended brief. We granted appellant's motion and ordered him to file his amended brief in this court on or before August 7, 2017. The granting of this extension gave appellant ninety-one days from the original due date, and therefore, we advised appellant that no further extensions of time to file appellant's brief would be granted absent written proof of extraordinary circumstances. On August 8, 2017, appellant filed another motion for extension of time, asking for an additional three days in which to file his brief, explaining that due to inclement weather and the lack of transportation he required additional time in which to file his brief. After review, we GRANT appellant's motion and ORDER him to file his amended brief in this court on or before August 10, 2017. Appellant is advised that no further extensions of time to file the brief will be granted and that if the brief is not filed by August 10, 2017, this court will dismiss his appeal for want of prosecution and failure to comply with this court's order. See Tex. R. App. P. 42.3(b), (c).

We order the clerk of this court to serve a copy of this order on appellant and all counsel.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of August, 2017.


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