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

Court of Appeals of Texas·Decided March 29, 2022·No. 13-21-00288-CV·Published

Opinion

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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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, (Tex. Ct. App. 2022).

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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.