Building Dynamics & Design LLC and Curtis Bulloch v. Toorak Capital Partners, LLC; Situs Asset Management, LLC; Travis County Exchange Corporation; Reverse Entry-Forward Exit, LLC; And RE4S, LLC

• Court: Court of Appeals of Texas
• Decided: April 15, 2025
• Docket: 08-24-00369-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

BUILDING DYNAMICS & § No. 08-24-00369-CV DESIGN LLC and CURTIS BULLOCH, § Appeal from the

Appellants, § 201st District Court

v. § of Travis County, Texas

TOORAK CAPITAL PARTNERS, § (TC# D-1-GN-22-000036) LLC; SITUS ASSET MANAGEMENT, LLC; TRAVIS § COUNTY EXCHANGE CORPORATION; REVERSE § ENTRY-FORWARD EXIT, LLC; AND RE4S, LLC, §

Appellees. §

MEMORANDUM OPINION

This appeal is before the Court to determine whether it should be dismissed for want of

prosecution. Tex. R. App. P. 38.8(a)(1).

Appellants Building Dynamics & Design LLC and Curtis Bulloch’s brief was originally

due on December 19, 2024, but they have requested and received three extensions. 1 Pursuant to

1 Appellant Building Dynamics & Design LLC was briefly unrepresented. During that time, we granted Appellant Curtis Bulloch’s third extension request on February 20, 2025, extending the deadline to March 7, 2025. Although Building Dynamics & Design LLC did not formally receive a third extension, its brief was due on February 17, 2025, and has been left pending during Bulloch’s third extension. We cautioned Bulloch in our order granting his third extension that Building Dynamics & Design LLC would require representation if it wished to file an appellate brief. this Court’s policy governing extension requests, in granting their third request, we cautioned

Appellants that “FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING

WILL NOT BE CONSIDERED.”

Nonetheless, Appellants filed a fourth motion for extension, requesting an additional 30

days, which we denied by order dated March 27, 2025. In that order, we gave Appellants a final

opportunity to file a brief no later than April 9, 2025. See Tex. R. App. P. 42.3(a) (authorizing

dismissal of a civil appeal for want of prosecution after giving at least ten days’ notice to the

parties). On April 9, 2025, Appellants submitted a brief, but the Clerk of this Court rejected the

filing for noncompliance with the Texas Rules of Appellate Procedure. The Clerk gave Appellants

48-hours to cure the defects and resubmit the document, but no corrected filing was timely made.

Accordingly, we dismiss this appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); 42.3(a).

MARIA SALAS MENDOZA, Chief Justice

April 15, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.