Howard Bart Freidman v. Deborah Jenkins

• Court: Court of Appeals of Texas
• Decided: February 9, 2023
• Docket: 03-22-00472-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00472-CV

Howard Bart Freidman, Appellant

v.

Deborah Jenkins, Appellee

FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-FM-22-002444, THE HONORABLE JESSICA MANGRUM, JUDGE PRESIDING

ORDER

PER CURIAM

Appellant Howard Bart Freidman’s brief was originally due October 3, 2022.

After resolving a jurisdictional question, this Court reset the brief due date to November 18,

2022. This Court granted two extensions of time to file the brief in part because Freidman

asserted he was seeking to obtain counsel, making the brief due on or before February 2, 2023.

Freidman has filed a third motion for extension of time in which he asserts that he has obtained

counsel who is becoming familiar with the record, a process hampered by the winter storm of

early February 2023. Appellee Deborah Jenkins opposes the extension, in part noting that

Freidman did not identify his new counsel and no new counsel has appeared in this appeal.

We grant the motion and extend the deadline for filing Freidman’s brief until

March 3, 2023. We caution Freidman and any counsel he may retain that no further extensions will be granted and that failure to file the brief timely may result in the dismissal of this appeal

for want of prosecution. See Tex. R. App. 42.3(b).

Ordered on February 9, 2023.

Before Chief Justice Byrne, Justices Triana and Theofanis