John M. Donohue v. Perla Dominguez and Kevin Nakata, in Their Individual Capacities ( 2015 )

Fourth Court of Appeals San Antonio, Texas July 1, 2015 No. 04-15-00068-CV John M. DONOHUE, Appellant v. Perla DOMINGUEZ and Kevin Nakata, In Their Individual Capacities, Appellees From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2014-CI-12457 Honorable Laura Salinas, Judge Presiding ORDER This is an accelerated appeal. Appellant’s brief was originally due May 29, 2015. On May 27, 2015, appellant filed a motion to extend time to file his brief and asked for a copy of the clerk’s record based on his indigent status. On May 29, 2015, we rendered an order granting appellant’s requests, ordering this clerk of this court to send appellant a copy of the record and granting him an extension of time to June 18, 2015, to file his brief. Neither the brief nor a motion for extension of time was filed. We therefore ordered appellant to file, on or before July 14, 2015, his brief and a written response reasonably explaining his failure to timely file the brief. We advised appellant that if failed to file a brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant was further is advised that no further extensions of time to file the brief will be granted absent written proof of extraordinary circumstances. On June 30, 2015, appellant filed a second motion for extension of time, asserting he did not received the clerk’s record until June 25, 2015. In his motion, appellant requests an extension of time to file the brief until July 15, 2015 — a mere one day from the due date set forth in our June 24, 2015 order. We GRANT the requested one-day extension and ORDER appellant to file his brief on or before July 15, 2015. If appellant fails to file his brief on or before July 15, 2015, we will dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a). Appellant is advised that no further extensions of time to file the brief will be granted absent written proof of extraordinary circumstances. We order the clerk of this court to serve a copy of this order on appellant and all counsel. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of July, 2015. ___________________________________ Keith E. Hottle Clerk of Court