Byron Morgan v. D&S Mobile Home Center, Inc.

Opinion

                                                            NO. 07-09-0315-CV

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                     PANEL C

                                                              MARCH 23, 2010

                                            ______________________________

                                                             BYRON MORGAN,

Appellant

                                                                             v.

                                             D&S MOBILE HOME CENTER, INC.,

Appellee

                                         _________________________________

                       FROM THE 47th DISTRICT COURT OF RANDALL COUNTY;

                                     NO. 61517-A; HON. HAL MINER, PRESIDING

                                           _______________________________

                                                                       ORDER

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

            Appellant Byron Morgan appeals from a final judgment of the trial court.  Appellant timely perfected this appeal by filing notice of appeal on September 22, 2009.  Subsequently, counsel for appellant has asked for and received an extension of time in which to file appellant’s brief.  On March 16, 2010, this Court received appellant’s second motion for extension of time in which to file the brief wherein an additional thirty days was requested.  Counsel cited as good cause for the second extension that part of the court reporter’s transcript for a hearing has not been filed with this Court.  Appellee opposes this motion.

            We hereby grant appellant an additional twenty-one days in which to file his brief and order Ronald T. Spriggs, SBN 00792853, 1011 S. Jackson, Amarillo Texas, 79101, to prepare and file a brief in this cause on behalf of his client, Byron Morgan, in compliance with the Texas Rules of Appellate Procedure.  Mr. Spriggs is further ordered to file said brief with the clerk of this Court at 501 S. Fillmore, Suite 2-A, Amarillo, Texas, in a manner assuring that it will be personally received by said clerk on or before 5:00 p.m. on April 12, 2010.  Failure to comply with this directive will result in the dismissal of the appeal for the failure to prosecute it.

                                                                                    Per Curiam