Order entered October 17, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00473-CV
TIMOTHY JOHN WHALEN AND THE WHALEN LAW FIRM, PLLC, Appellants
V.
CHARLES WILLIAM JOHNSON, Appellee
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-04182
ORDER
Before the Court is appellee’s fourth motion to extend time to file brief. Appellee asserts
the extension is needed because a complete copy of the reporter’s record has not yet been filed.
Our records reflect appellants filed their brief on June 13, 2016, before the reporter’s
record had been filed. Accordingly, we ordered the appeal submitted without the reporter’s
record. Four days later, a partial reporter’s record was filed. Appellants, however, did not seek
to have the order submitting the appeal without the reporter’s record vacated, nor did they seek
to amend their brief.
Following one extension request, appellee filed a second motion to extend time to file
brief. In this motion, appellee asserted a complete copy of the reporter’s record was necessary
for proper disposition of the appeal. Appellee further asserted he had requested the record on
August 9, 2016. Appellee paid for the record August 22, 2016. To date, however, the record has
not been filed.
We VACATE our June 23, 2016 order submitting the appeal without the reporter’s
record and ORDER Antoinette Reagor, Official Court Reporter of the 68th Judicial District
Court, to file the remaining portion of the record no later than November 17, 2016. No
extensions will be granted absent exigent circumstances. We GRANT appellee’s fourth
extension motion to the extent we ORDER the brief be filed within thirty days of the filing of
the reporter’s record.
We DENY as moot Ms. Reagor’s request to extend time to file the reporter’s record.
/s/ CRAIG STODDART
JUSTICE
Timothy John Whalen and the Whalen Law Firm, PLLC v. Charles William Johnson
Combined Opinion