COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-13-00863-CV Style: Don K. Avni a/k/a Don Avni Kaminetzky v. David A. Newman Date motion filed*: October 23, 2013 Type of motion: Motion to extend time to file amended notice of appeal and the record Party filing motion: Appellant Document to be filed: Amended notice of appeal and record Is appeal accelerated? No If motion to extend time: Original due date: Number of previous extensions granted: Current Due date: Date Requested: Ordered that motion is:  Granted If document is to be filed, document due:  The Court will not grant additional motions to extend time  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ Appellant requests an extension of time to file an amended notice of appeal. Appellant may amend a a notice of appeal without leave of court at any time prior to filing his brief. See TEX. R. APP. P. 25.1(g) (authorizing filing of amended notice of appeal any time prior to filing of appellant’s brief). Appellant also requests an extension of time to file the record. However, the appellate record in this case is not yet due. See TEX. R. APP. P. 35.1. Accordingly, we dismiss appellant’s motion as moot.

Judge's signature: /s/ Justice Laura C. Higley

Panel consists of ____________________________________________ Date: October 31, 2013

November 7, 2008 Revision