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