Robert C. Livingston v. Catherine Livingston

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-16-00127-CV Style: Robert C. Livingston v. Catherine Livingston Date motion filed*: September 6, 2016 Type of motion: Motion for Leave to Late File Brief Party filing motion: Appellant Robert C. Livingston Document to be filed: Appellant’s Brief Is appeal accelerated? No. If motion to extend time: Original due date: August 8, 2016 Number of extensions granted: 1 Current Due Dates: August 22, 2016 Date Requested: September 6, 2016 Ordered that motion is:  Granted; If documents are to be filed, documents due: N/A.  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ On August 9, 2016, the Clerk of this Court granted the appellant’s first extension request to file appellant’s brief by August 22, 2016, but no warnings were warranted at that time. Because appellant’s brief was not timely filed, the Clerk of this Court sent a late-brief notice on August 24, 2016, directing appellant to file a brief and extension or an extension request within 10 days of that notice, or this appeal may be dismissed. See TEX. R. APP. P. 38.8(a)(1). Accordingly, because the appellant timely filed this second extension request with his appellate brief on September 6, 2016, his second extension request is granted, and the Clerk of this Court is directed to file his brief as of September 6, 2016. Appellee’s brief, if any, is due within 30 days of September 6, 2016. See TEX. R. APP. P. 38.6(b)._______________________________________________________ Judge’s signature: /s/ Laura C. Higley  Date: September 13, 2016 November 7, 2008 Revision