Tammy Bailey v. Relative Resources, LLC

NUMBER 13-24-00645-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

TAMMY BAILEY, Appellant,

v.

RELATIVE RESOURCES, LLC, Appellee.

ON APPEAL FROM THE 267TH DISTRICT COURT
OF GOLIAD COUNTY, TEXAS

MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Fonseca
Memorandum Opinion by Chief Justice Tijerina

This matter is before the Court on the appellant’s failure to file a brief or reasonably

explain the failure to do so. On June 13, 2025, the Clerk of the Court notified appellant

that her third motion for extension to time to file the brief was granted and that the brief

was now due to be filed on or before Monday, July 21, 2025. Appellant was further

advised that no further extension shall be granted absent extraordinary circumstances.
On July 17, 2025, appellant filed an emergency motion for additional extension of

time to file her brief, a motion for a complete reporter’s record, a motion to notify the

attorney general that she is challenging a state statute’s constitutionality, and a motion

for findings of fact. By order dated July 23, 2025, the Court denied appellant’s motion for

a complete reporter’s record and motion to notify the attorney general’s office of the

challenge to the constitutionality of a state statute. We carried appellant’s motion for

findings of fact with the case. We denied appellant’s motion for extension of time to file

her brief and ordered her to file the brief on or before Monday, July 28, 2025, pursuant to

the Texas Rules of Appellate Procedure 38.8(a), 42.3(b) and (c). We stated that “if

appellant fails to file the brief by the date ordered, this appeal shall be dismissed” and

that no further extensions shall be granted. See TEX. R. APP. P. 38.8(a), 42.3(b), (c).

Appellant did not file her brief on July 28, 2025. However, on July 29, 2025,

appellant filed a motion for leave to hand deliver her brief, another motion for extension

of time to file the brief, requesting an additional seven days, and a motion to waive Texas

Rule of Appellate Procedure regarding electronic filing. See id. 4.3(d), (e). We deny

appellant’s motion to hand deliver the brief, motion for extension of time to file the brief,

and motion to waive the Texas Rules of Appellate Procedure regarding electronic filing.

Accordingly, we dismiss the appeal for want of prosecution.1 See id. 38.8(a), 42.3(b).

JAIME TIJERINA
Chief Justice

Delivered and filed on the
31st day of July, 2025.

1 We deny appellant’s motion for findings of fact and conclusions of law.

2