Mohammad Al-Barnawi v. Aaron Benbow

• Court: Court of Appeals of Texas
• Decided: August 30, 2023
• Docket: 13-23-00118-CV
• Status: Published

Opinion

NUMBER 13-23-00118-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

MOHAMMAD AL-BARNAWI, Appellant,

v.

AARON BENBOW, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 5 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Justice Longoria

This cause is before the Court on appellant’s affidavit filed August 18, 2023, which

is construed as a motion for extension of time to file notice of appeal. On March 20, 2023,

appellant filed a notice of appeal. On March 20, 2023, the Clerk of the Court notified

appellant that the notice of appeal did not comply with Texas Rules of Appellate

Procedure 9.1(b), 9.5, and 25.1(d)(1), (2), and (4). On May 16, 2023, appellant filed a first amended notice of appeal. On June 8,

2023, the Clerk of the Court notified appellant that the first amended notice of appeal did

not comply with Texas Rules of Appellate Procedure 9.5, 25.1(d)(1), (2), and (4), and

25.1(e). On July 10, 2023, appellant filed a second amended notice of appeal. On July

17, 2023, the Clerk of the Court notified appellant that a second amended notice of appeal

did not comply with Texas Rules of Appellate Procedure 9.5, 25.1(d), and 25.1(e).

Appellant was provided thirty days to file a correct notice in the trial court.

On August 17, 2023, the Clerk of the Court again notified appellant that the second

amended notice of appeal did not comply with Texas Rules of Appellate Procedure 9.5,

25.1(d), and 25.1(e). Appellant was further advised that if the defects were not cured

within ten days from the date of the letter, the appeal shall be dismissed. See TEX. R. APP.

P. 42.3(b), (c). On August 18, 2023, appellant filed the motion for extension of time to file

the notice of appeal, and on August 25, 2023, appellant filed a third amended notice of

appeal.

The third amended notice of appeal was timely filed; therefore, appellant’s motion

for extension of time to file the notice of appeal is moot. Furthermore, appellant’s third

amended notice of appeal, is not in compliance with Texas Rule of Appellate Procedure

9.5, it does not identify a trial court and trial court cause number, it does not state the date

of judgment or order being appealed from, and it does not state the court to which the

appeal is taken. See id. R. 9.5, 25.1(d), and 25.1(e). Additionally, appellant’s third

amended notice of appeal also contains unredacted sensitive data. See id. R. 9.9.

2 Appellant has failed multiple times to comply with the requirements of the Texas

Rules of Appellate Procedure and failed to comply with a notice from the clerk requiring

a response or other action within a specified time. See id. R. 42.3(c). Accordingly, we

strike appellant’s third amended notice of appeal, deny appellant’s motion for extension

of time to file a notice of appeal as moot, and dismiss the appeal. Id. 42.3(c).

NORA L. LONGORIA Justice

Delivered and filed on the 30th day of August, 2023.