Nail Flower Beauty 

Fourth Court of Appeals

San Antonio, Texas

April 16, 2015

No. 04-14-00509-CV

Gloria OCHOA,

Appellant

v.

NAIL FLOWER BEAUTY SALON,

Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-12691

Honorable Antonia Arteaga, Judge Presiding

ORDER

Appellant has filed an amended brief, but has not filed an extension of time to file 

another amended brief. Initially, we granted appellant, who is pro se, two extension of time to 

file her original brief for a total of seventy-four days. She then filed a third request, asking for 

another sixty days. We granted her request in part, and denied it in part, giving her sixteen 

additional days to file the brief. We noted that no further extensions of time would be granted 

absent written proof of extraordinary circumstances. Appellant timely filed her brief on 

February 13, 2014. However, the brief failed to comply, in a number of respects, with Rule 38.1 

of the Texas Rule of Appellate Procedure. Accordingly, we issued an order striking the brief, 

pointing out the deficiencies and ordering appellant to file an amended brief curing the 

deficiencies by March 25, 2015. Appellant filed an amended brief on March 18, 2015, but the 

brief still failed to comply with Rule 38.1 in that it did not include a statement of facts with 

record reference, the argument within the brief was not relevant to the actual judgment, the 

argument was not supported by record references or proper legal authorities, the issues were not 

proper appellate issues, and the brief did not contain a proper appendix. TEX. R. APP. P. 38.1(f), 

(g), (i), (k). Nevertheless, we accepted appellant’s amended brief. However, we issued a letter 

noting that although we were not ordering appellant to rebrief, her appellate complaints might be 

deemed waived due to inadequate briefing. See, e.g., Lott v. First Bank, No. 04-13-0051-CV, 

2014 WL 4922896, at *2 (Tex. App.—San Antonio Oct. 1, 2014, no pet.); Castillo v. Peeples, 

No. 04-13-00311-CV, 2014 WL 10898750, at *3 (Tex. App.—San Antonio Mar. 19, 2014, pet. 

denied). We set a due date of April 17, 2015, for appellee’s brief. 
In response to our letter, appellant has now filed motion for extension of time to file 

another amended brief. Appellant is asking this court to give her until May 4, 2015, to a second 

amended brief. We GRANT appellant’s motion and ORDER that the second amended brief be 

filed in this court on or before May 4, 2015. APPELLANT IS ADVISED THAT NO 

FURTHER EXTENSIONs OF TIME TO FILE THE SECOND AMENDED BRIEF WILL 

BE GRANTED. IF THE SECOND AMENDED BRIEF IS NOT FILED IN THIS COURT 

ON OR BEFORE MAY 4, 2015, THE CASE WILL BE SUBMITTED UPON THE 

ORIGINAL AMENDED BRIEF FILED BY APPELLANT ON MARCH 18, 2015. 

Appellee’s brief will be due thirty days after the date appellant’s second amended brief is filed. 

If no amended brief is filed by May 4, 2015, appellee’s brief will be due June 3, 2015. 

We order the clerk of this court to serve a copy of this order on appellant and all counsel. 

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 16th day of April, 2015.

___________________________________

Keith E. Hottle

Clerk of Court