Trice, Patricia v. Colony Builders, Inc

Opinion

Opinion issued May 22, 2003

In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-00501-CV

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PATRICIA A. TRICE, Appellant

V.

COLONY BUILDER’S, INC., Appellee

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On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 708,372

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MEMORANDUM OPINION ON REHEARINGWe deny appellant Patricia Trice’s motion for rehearing. We briefly respond to Trice’s issue one on rehearing in which she contends that we should have allowed her to file an amended appellant’s brief.

          On October 31, 2001, December 21, 2001, and February 5, 2002, Trice filed motions for extension of time to file her appellant’s brief. On February 21, 2002, we granted Trice a final extension until March 26, 2002, with the notation that the Court would grant no further extensions and that her failure to file her appellant’s brief by that date might result in the Court dismissing her appeal. Trice filed her brief on March 26, 2002, which was 39 pages long and contained 8 points of error. On March 28, 2002, she filed a motion to file an amended appellant’s brief. The amended brief was 45 pages long and contained 10 points of error. On April 15, 2002, we denied Trice’s motion to file an amended brief based on our February 21, 2002 order which required Trice to file her appellant’s brief by March 26, 2002.

          In light of these facts, we do not agree with Trice that Texas Rule of Appellate Procedure 44.3 required us to consider her amended appellant’s brief.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Nuchia and Jennings.