Summary
The Fifth District Court of Appeals of Texas denied Todd Pruett’s motion for an extension of time to file an appellate brief as moot. The court explained that the brief would be due thirty days after the reporter’s record was filed or the court reporter verified that no reporter’s record had been requested.
Topics
Practice areas
Questions Presented
- Whether appellant's motion for an extension of time to file an appellate brief should be granted when the brief deadline would be calculated after filing of the reporter's record or written verification that the record had not been requested.
Holdings
- The motion for an extension of time was denied as moot because the appellant's brief was not yet due; under the court's order, the deadline would arise thirty days after the reporter's record was filed or the court reporter provided written verification that the record had not been requested.
Key quotations
“Accordingly, we DENY as moot appellant’s motion for an extension of time to file a brief.”
Factual background
Todd Pruett requested additional time to file his appellate brief. The court had separately ordered the official court reporter to file the reporter's record or verify that no request for the record had been made, and stated that the brief would be due thirty days after that filing or verification.
Procedural history
The appeal was taken from the 193rd Judicial District Court of Dallas County, Texas, trial court cause number DC-12-07463. The court of appeals had ordered the official court reporter either to file the reporter's record or provide written verification that appellant had not requested it; because the brief deadline would run thirty days after that event, the court denied appellant's extension motion as moot.