C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: James P. Arthur, Mary Arthur, Legonite, Inc., Paradise Living, Inc., and Arthur Holdings, L.P. v. John M. Raborn

Appellate case number: 01

- 21

- 000 72

- CV

Trial court case number: 2020

- 13849

Trial court: 11 th District Court of Harris County

On February 5, 2021, a ppellants, James P. Arthur, Mary Arthur, Legonite , Inc., Paradise Living, Inc., and Arthur Holdings, L.P., filed a notice of appeal from the trial court’s January 5, 2021 final judgment. After being notified that their appeal was subject to dismissal, the Court dismissed the appeal for want of prosecuti on on August 19, 2021

, because appellant s failed to provide the Court evidence that they had pa id the fee for the preparation of the clerk’s record. See T EX

. R. A PP

. P. 37.3(b), 42.3(b), 43.2(f).

On August 24, 2021, appellants filed a motion for reheari ng, providing evidence to the Court that the clerk’s record had been paid for, and the clerk’s record was filed with the Clerk of this Court on August 19, 2021. On September 28, 2021, the Court granted appellants’ motion for rehearing, withdrawing its Aug ust 19, 2021 opinion dismissing the appeal. With the appellate record complete, and the appeal reinstated on the Court’s active docket, the due date for appellants’ brief was initially set as October 28, 2021. Appellants failed to timely file a brief by this deadline.

On November 16, 2021, appellants were notified that their appeal was subject to dismissal if they failed to file a brief, or motion for extension of time to file a brief, within ten days of the notice. On November 29, 2021, appellants filed their first motion for extension of time to file a brief. In the first motion for extension, appellants stated that the extension as necessary due to “[u]nanticipated health challenges faced by [l]ead [a]ppellant (Dr. James Arthur), his counsel and some of the personnel in counsel’s office, including the death of family members.” The motion was granted by the Court and the deadline to file their brief was extended to December 30, 2021. Again h owever, no brief was filed by
the extended deadline.

O n Jan uary 3, 2022, appellants were notified for a second time that their appeal was subject to dismissal if they failed to file a brief, or motion for extension of time to file a2

brief, within ten days of the notice. On January 14, 2022, appellants filed their second motion for extension of time. In their second motion for extension of time, appellants stated that the extension was necessary because “ [a]ppellants and their counsel/staff health challenges have worsened after the filing of their previous motion to extend,” and that they “have not been spared by the Omicron variant of COVID

- 19 . . . necessitat[ing] unplanned
self

- quarantining and unanticipated interruption of work.” Appellants request ed that the deadline for filing their brief be extended to Janu ary 28, 2022 . Appellants’ second motion for extension was granted by the Court. In our order granting appellants’ second motion
for extension , we advised appellants that

, a bsent extraordinary circumstances, no further requests for extension w ould be considered. Again however, no brief was filed by the
extended deadline.

On February 10, 2022, appellants filed their third motion for extension of time to
file their brief. In the third motion for extension, appellants state that the extension is

nec essary as counsel for appellant “suffered what appeared to be a mild stroke” on January 14, 2022, which has impacted counsel’s “ability to read, to drive, to eat and to talk.” Accordingly, appellants request “an extension of time to file their brief for a minimum of [two] weeks and a maximum of [thirty] days.”

Appellants’ third motion for extension is granted . Appellants’ brief must be filed
within thirty days of the date of this order

. No further extensions will be considered

. See T EX

. D ISCIPLINARY R ULES P ROF ’ L C ONDUCT R. 1.01(a), reprinted in T EX

. G OV ’ T C ODE A NN

. , tit. 2, subtit. G, app. A ( T EX

. S TATE B AR R. art. X, § 9).

It is so ORDERED.

Judge’s signature:

____

/s/ April Farris

_______  Acting individually  Acting for the Court

Date: ___ February 24, 2022

____