Jasvinder Jassy Toor v. Alauna Kaye Hollingsworth

Court of Appeals of Texas·Decided April 11, 2023·No. 05-22-00603-CV·Published

Opinion

DISMISS and Opinion Filed April 11, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00603-CV

JASVINDER JASSY TOOR, Appellant V. ALAUNA KAYE HOLLINGSWORTH, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-06969

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns On January 4, 2023, we informed appellant her brief was deficient in that,

among other defects, it did not include citations to the appellate record or legal

authorities in support of the arguments appellant made. See TEX. R. APP. P.

38.1(g),(i). We directed appellant to file a corrected brief within ten days and

cautioned her that failure to comply could result in dismissal of the appeal without

further notice. See id. 38.8(a)(1), 42.3(b),(c). Appellant did not comply, and, on

January 30, 2023, appellee filed a motion to dismiss. Appellant did not respond to the motion to dismiss, but nearly a month later,

filed a motion seeking a forty-five day extension to file the corrected brief. Forty-

five days have now passed and, rather than filing the brief, appellant has filed another

extension motion seeking again a forty-five day extension. Appellant explains in

both motions that the extensions are necessary because she is trying to obtain legal

representation and is having health issues.

We are empathetic with appellant’s situation but must balance that against the

need for prompt and efficient administration of justice. As reflected in Court

records, the appeal was filed June 16, 2022, and the brief was first due November

10, 2022. We extended that deadline by forty-five days on appellant’s motion that

asserted the same reasons as those asserted in the pending extension motions. Given

this and that appellant has had more than ninety days to file the corrected brief, we

deny appellant’s extension motions, grant appellee’s motion, and dismiss the appeal.

See id. 38.8(a)(1), 42.3(b),(c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 220603F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JASVINDER JASSY TOOR, On Appeal from the 134th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-20-06969. No. 05-22-00603-CV V. Opinion delivered by Chief Justice Burns, Justices Molberg and ALAUNA KAYE Pedersen, III participating. HOLLINGSWORTH, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered April 11, 2023.

–3–

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