Brooks Brazda v. Suretec Insurance Company ( 2021 )

Order entered June 10, 2021 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00309-CV BROOKS BRAZDA, Appellant V. SURETEC INSURANCE COMPANY, Appellee On Appeal from the Probate Court No 3 Harris County, Texas Trial Court Cause No. 413348-402 ORDER Before the Court is appellant’s unopposed motion for extension of time to file his brief on the merits. We note that, by letter dated May 19, 2021, the Court questioned its jurisdiction over this appeal and whether the appeal could proceed in light of a notice of automatic stay included in the clerk’s record. At the time, the reporter’s record was not yet due. The Court suspended the deadline for filing the reporter’s record and requested letter briefing from the parties. Appellant has filed his letter brief; appellee’s letter brief is not yet due. The reporter’s record has not been filed, but it appears from appellant’s extension motion that a record will not be filed and the deadline for appellant’s brief was triggered by the filing of the clerk’s record. See TEX. R. APP. P. 38.6(a). Accordingly, we GRANT the extension motion to the extent that we SUSPEND the deadline for the filing of appellant’s brief on the merits pending our determination of whether the appeal may proceed. /s/ CRAIG SMITH JUSTICE