Mohammad Al-Barnawi v. Aaron Benbow ( 2023 )

NUMBER 13-23-00118-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
MOHAMMAD AL-BARNAWI, Appellant,
v.
AARON BENBOW, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 5
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Longoria
Memorandum Opinion by Justice Longoria
This cause is before the Court on appellant’s affidavit filed August 18, 2023, which
is construed as a motion for extension of time to file notice of appeal. On March 20, 2023,
appellant filed a notice of appeal. On March 20, 2023, the Clerk of the Court notified
appellant that the notice of appeal did not comply with Texas Rules of Appellate
Procedure 9.1(b), 9.5, and 25.1(d)(1), (2), and (4).
On May 16, 2023, appellant filed a first amended notice of appeal. On June 8,
2023, the Clerk of the Court notified appellant that the first amended notice of appeal did
not comply with Texas Rules of Appellate Procedure 9.5, 25.1(d)(1), (2), and (4), and
25.1(e). On July 10, 2023, appellant filed a second amended notice of appeal. On July
17, 2023, the Clerk of the Court notified appellant that a second amended notice of appeal
did not comply with Texas Rules of Appellate Procedure 9.5, 25.1(d), and 25.1(e).
Appellant was provided thirty days to file a correct notice in the trial court.
On August 17, 2023, the Clerk of the Court again notified appellant that the second
amended notice of appeal did not comply with Texas Rules of Appellate Procedure 9.5,
25.1(d), and 25.1(e). Appellant was further advised that if the defects were not cured
within ten days from the date of the letter, the appeal shall be dismissed. See TEX. R. APP.
P. 42.3(b), (c). On August 18, 2023, appellant filed the motion for extension of time to file
the notice of appeal, and on August 25, 2023, appellant filed a third amended notice of
appeal.
The third amended notice of appeal was timely filed; therefore, appellant’s motion
for extension of time to file the notice of appeal is moot. Furthermore, appellant’s third
amended notice of appeal, is not in compliance with Texas Rule of Appellate Procedure
9.5, it does not identify a trial court and trial court cause number, it does not state the date
of judgment or order being appealed from, and it does not state the court to which the
appeal is taken. See id. R. 9.5, 25.1(d), and 25.1(e). Additionally, appellant’s third
amended notice of appeal also contains unredacted sensitive data. See id. R. 9.9.
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Appellant has failed multiple times to comply with the requirements of the Texas
Rules of Appellate Procedure and failed to comply with a notice from the clerk requiring
a response or other action within a specified time. See id. R. 42.3(c). Accordingly, we
strike appellant’s third amended notice of appeal, deny appellant’s motion for extension
of time to file a notice of appeal as moot, and dismiss the appeal. Id. 42.3(c).
NORA L. LONGORIA
Justice
Delivered and filed on the
30th day of August, 2023.
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