NUMBER 13-22-00045-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
BERTHA VILLARREAL, Appellant,
v.
AIDA GUERRERO VILLARREAL, Appellee.
On appeal from the 389th District Court
of Hidalgo County, Texas.
ORDER TO FILE APPELLANT’S BRIEF
Before Justices Benavides, Hinojosa, and Silva
Order Per Curiam
This cause is currently before the Court on appellant’s fourth, fifth, and sixth
motions for extension of time to file brief. After three previous extensions, appellant’s brief
was due to be filed on August 3, 2022. On July 27, 2022, the Clerk of the Court notified
appellant that no further extensions shall be granted absent exigent circumstances. On
August 10, 2022, appellant filed a brief which does not comply with rule 38.1(h) of the
Texas Rules of Appellate Procedure, as the summary of the arguments merely repeats
the issues presented.
The Court looks with disfavor upon the delay caused by counsel’s failure to timely
file a compliant brief in this matter. However, having fully examined the record and
considered appellant’s pending motions for extension of time to file the brief, the
extensions previously granted in this cause, and appellant’s non-compliant brief, the
Court is of the opinion that, in the interest of justice, appellant’s pending motions for
extension of time to file the brief should each be granted by Order.
Accordingly, appellant’s fourth, fifth, and sixth motions for extension of time to file
the brief are hereby granted. Furthermore, under the authority of Texas Rules of
Appellate Procedure 38.9(a) and (b), we order the Honorable Victoria Guerra, counsel for
appellant, to amend or redraw the brief to conform to the rules on or before September 1,
2022. If the new brief is timely filed in compliance with this order, no motion for leave shall
be required. Furthermore, appellant is hereby notified that if another brief does not
comply, it may be stricken, and appellant may be prohibited from filing another brief. See
TEX. R. APP. P. 38.9. In that circumstance, the Court may dismiss the appeal for want of
prosecution and appellant’s failure to comply with this Court’s directive and the appellate
rules. See id. 38.8(a)(1), 42.3(b), (c).
PER CURIAM
Delivered and filed on the
22nd day of August, 2022.
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