Rose Patricia Ann Shields, Oscar Urbina, Arnold Shields, Individually, D/B/A Galveston Service Company, D/B/A Blu Shields Construction v. Commercial State Bank, Douglas Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne Tomolialo, Joseph Cox, Thomas Walsh and Gina F. Dominique

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF PROSECUTION

Appellate case name: Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields,
Individually, d/b/a Galveston Service Company, d/b/a Blu
Shields Construction v. Commercial State Bank, Douglas
Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne
Tomolialo, Joseph Cox, Thomas Walsh and Gina F.
Dominique

Appellate case number: 01-16-00643-CV

Trial court case number: 2015-06750

Trial court: 129th District Court of Harris County

This Court’s May 25, 2017 Order, among other things, struck appellants’ amended
brief and ordered appellants to file a second amended brief within 30 days of that Order.
On June 1, 2017, appellants filed a pro se “Motion to Exceed the Word Limit” requesting
this Court to “reconsider accepting our prior Amended Brief of Appellant[]s.” Because
this Court’s May 25, 2017 Order already struck appellants’ amended brief for non-
compliance with the page limit and briefing rules, there is no longer any amended brief
on file to reconsider accepting. Thus, the Court construes appellants’ motion, not as a
Rule 49.1 rehearing motion, but as a Rule 9.4 motion to exceed the word limit for a future
second amended brief, and DENIES the motion. See TEX. R. APP. P. 9.4(i)(4), 49.1.
Accordingly, the Court ORDERS the appellants to file a second amended brief
that conforms with Rule 9.4, 15,000 words or less if computer-generated, or 50 pages or
less if not, with a corrected certificate of compliance, and complies with Rule 38.1 with a
separate appendix. See TEX. R. APP. P. 9.4(i)(2)(B), (3), 38.1(a)-(k). Appellants must
file a compliant second amended brief within 30 days from the date of this order or
this Court will proceed as if appellants had failed to file a brief and dismiss this appeal
for want of prosecution without further notice. See id. 38.8(a), 38.9(a), 42.3(b), (c).

It is so ORDERED.
Judge’s signature: /s/ Laura C. Higley

Date: June 8, 2017