Castine McIlhargey and Jody McIntyre, Individually, and Derivatively on Behalf of A+ Pro Recovery and Towing, LLC v. Erik M. Hager, Jason Rios, Eduardo Pena, Joanna Pena, and South Padre Towing and Recovery, LLC

NUMBER 13-21-00288-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CASTINE MCILHARGEY AND
JODY MCINTYRE, INDIVIDUALLY,
AND DERIVATIVELY ON BEHALF
OF A+ PRO RECOVERY AND
TOWING, LLC, Appellants,
v.
ERIK M. HAGER, JASON RIOS,
EDUARDO PENA, JOANNA PENA,
AND SOUTH PADRE TOWING AND
RECOVERY, LLC, Appellees.
On appeal from the 107th District Court
of Cameron County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Longoria
Order Per Curiam
On March 9, 2022, the Clerk of this Court notified appellants that they had failed
to request the reporter’s record, directed them to correct this defect within ten days, and
advised them that the Court would consider and decide those issues that did not require
a reporter’s record if the defect was not cured. Appellants have not cured this defect.
We previously advised appellants that their brief would be due twenty days after
the date the reporter’s record is filed. See TEX. R. APP. P. 38.6(a)(1), (2). Given this
sequence of events, appellants’ brief is now past due. See id. We order appellants to file
their brief with this Court by April 4, 2022. Due to the history of this case, we will not
favorably entertain a motion for extension of time regarding filing the brief unless the
appellants allege extraordinary circumstances and support the request for an extension
with appropriate argument and evidence. See generally id. R. 10.1, 10.2, 10.5(b). If
appellants fail to timely file the brief, the appeal will be dismissed. See id. R. 42.3(b), (c).
PER CURIAM
Delivered and filed on the
29th day of March, 2022.
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