George E. Carroll v. Discover Bank ( 2016 )

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-16-00456-CV Style: George E. Carroll v. Discover Bank Date motion filed*: July 15, 2015 Type of motion: First motion for extension of time to file appellant’s brief Party filing motion: Appellant Document to be filed: Is appeal accelerated? No If motion to extend time: Original due date: Number of previous extensions granted: Current Due date: Date Requested: Ordered that motion is:  Granted If document is to be filed, document due:  The Court will not grant additional motions to extend time absent extraordinary circumstances.  Denied  Dismissed  Other: _____________________________________ A clerk’s record was filed in this appeal on June 20, 2016, but a reporter’s record has not been filed. Because the appellate record is not complete, appellant’s brief is not due. See TEX. R. APP. P. 34.1(providing appellate record consists of clerk’s record and, if necessary to appeal, reporter’s record); 38.6 (providing date to file appellant’s brief is later of date clerk’s record or reporter’s record was filed). Accordingly, appellant’s motion is dismissed as moot. Nothing in the July 6, 2016 Memorandum Order of Referral to Mediation modifies the timetables in the Texas Rules of Appellate Procedure regarding the appellate record and briefs. Judge’s signature: /s/ Russell Lloyd  Acting for the Court Date: July 21, 2016