Court of Civil Appeals of Texas, 2018

Donell Smith v. Emily Berry Barnes Smith

Donell Smith v. Emily Berry Barnes Smith
Court of Civil Appeals of Texas · Decided June 7, 2018

Donell Smith v. Emily Berry Barnes Smith

Opinion

Order entered June 7, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00245-CV DONELL SMITH, Appellant V. EMILY BERRY BARNES SMITH, Appellee On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-17612 ORDER Before the Court is appellant’s June 5, 2018 motion for an extension of time to file a brief. We GRANT the motion and extend the time to July 18, 2018.

We note appellant Donell Smith is required to confer with the opposing party about the motion and certify that was done, but did not certify a conference was held as required by the rules of appellate procedure. See TEX. R. APP. P. 10.1(a)(5). Further, appellant is required to serve a copy of the motion on opposing party and certify that was done, but did not certify the motion was served. See TEX. R. APP. P. 9.5(e). The form motion appellant used included form certification language for both. Accordingly, further relief will not be granted unless appellant complies with the rules of appellate procedure.

/s/ DAVID EVANS, JUSTICE

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