Kyle Irving Ahart v. Randall Noe Ford LLP ( 2019 )

Order entered January 28, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00935-CV KYLE IRVING AHART, Appellant V. RANDALL NOE FORD LLP, Appellee On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 99344-86 ORDER Before the Court is appellant’s January 22, 2019 second motion for an extension of time to file his brief. The motion was filed in response to our December 14, 2018 letter informing appellant his brief was deficient and directing him to file, within ten days, a corrected brief that complies with Texas Rules of Appellate Procedure 9.4, 9.5, and 38.1. See TEX. R. APP. P. 9.4, 9.5, 38.1. Apparently misconstruing our letter, however, appellant’s motion seeks an extension with respect to a brief tendered to the Court November 20, 2018. That brief was filed December 5, 2018, after appellant’s first extension motion was granted. Accordingly, appellant’s motion is DENIED AS MOOT. On our own motion, we EXTEND the deadline for filing the corrected brief and ORDER the brief be filed no later than February 8, 2019. Appellee may file any amended brief within fifteen days of the filing of appellant’s corrected brief. We caution appellant that failure to file a corrected brief may result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). /s/ BILL WHITEHILL JUSTICE