Order entered January 29, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01325-CV
JOHN H. CARNEY & ASSOCIATES, Appellant
V.
OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Appellee
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-02253
ORDER
Before the Court is appellant’s January 23, 2014 motion to extend time for filing brief.
The motion is in response to our January 17, 2014 notice that the brief was overdue. Appellant
explains in the motion, and our records confirm, that the notice was sent even though appellant
appeals from a bench trial and the reporter’s record has not been filed. Appellant seeks an
additional thirty days to file the brief. Because the briefing deadline is not triggered until the
reporter’s record has been filed and, to date, the reporter has not filed the record, it appears our
notice was inadvertently sent and no extension is necessary. See TEX. R. APP. P. 38.6(a). We
DENY appellant’s motion as premature.
Because the reporter’s record is overdue, we ORDER Antoinette Reagor, Official Court
Reporter of the 68th Judicial District Court, to file the record no later than February 10, 2014.
We DIRECT the Clerk of the Court to send a copy of this order by electronic transmission to
Ms. Reagor and all parties. We further DIRECT the Clerk of the Court to remove the current
briefing deadline. The deadline shall be reset once the reporter’s record has been filed.
/s/ ELIZABETH LANG-MIERS
JUSTICE