Opinion

Sunil Kumar Mehta and Mehta Investments, Ltd. v. Mohammed Ahmed

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Dec 3, 2020
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Sunil Kumar Mehta and Mehta Investments, Ltd. v.

Mohammed Ahmed

Appellate case number: 01-20-00568-CV

Trial court case number: 2017-84654

Trial court: 295th District Court of Harris County

On November 13, 2020, appellants, Sunil Kumar Mehta and Mehta Investments,

Ltd., filed an unopposed motion to correct the deadline for the filing of appellants’ brief.

This Court’s docket currently sets the deadline for appellants to file their brief as November

30, 2020. Appellants’ motion asserts that their brief deadline may not yet be calculated,

because the appellate record is not yet completed. See TEX. R. APP. P. 38.6(a).

The appellate record was initially due on September 9, 2020. See TEX. R. APP. P.

35.1(a). The clerk’s record was filed on September 9, 2020. Also on September 9, 2020,

Carl Browning, the official court reporter for the 295th District Court, filed a request to

extend the deadline to file the reporter’s record to October 9, 2020. In his request,

Browning further represented that he was not the only court reporter involved in the appeal,

identifying Kimberley Kidd, deputy court reporter for the 295th District Court, as also

having records relevant to the appeal. On September 10, 2020, the Court granted the

request, extending the deadline to file the reporter’s record to October 9, 2020.

On October 7, 2020, Kidd filed a request to extend the deadline to file the reporter’s

record to November 9, 2020. The Court granted the request, extending the deadline to file

the reporter’s record to November 9, 2020. On October 30, 2020, Kidd filed a four-volume

reporter’s record with this Court. Based on that filing, the Court set a deadline for

appellants to file their brief as November 30, 2020. See TEX. R. APP. P. 38.6(a).

On November 10, 2020, Browning filed a request to extend the deadline to file the

reporter’s record to December 9, 2020. On November 12, 2020, the Court granted the

request, extending the deadline to file the reporter’s record to December 9, 2020. Based

on Browning’s request, it appears the appellate record is not yet complete. Accordingly,

the deadline for filing of appellants’ brief cannot yet be determined.

For these reasons, appellants’ motion is granted. Appellants’ brief will be due no

later than thirty days after the completion of the appellate record. See TEX. R. APP. P.

38.6(a).

It is so ORDERED.

Judge’s signature: _____/s/ Terry Adams______

 Acting individually  Acting for the Court

Date: ____December 3, 2020__

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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