Opinion
NO. 14-17-00356-CV
06-29-2017
DONALD E KILPATRICK, Appellant v. NOBLE CAPITAL SERVICING LLC, Appellee
On Appeal from County Civil Court at Law No. 3 Harris County, Texas
Trial Court Cause No. 1088694
ORDER
This is an appeal from a judgment signed February 22, 2017. Appellant timely filed a motion for new trial. A notice of appeal must be filed within 90 days after the judgment is signed when a timely motion for new trial is filed. See Tex. R. App. P. 26.1(a)(1). Appellant timely filed his notice of appeal on May 1, 2017, which was 68 days after the judgment was signed. He filed an amended notice of appeal on May 17, 2017.
Appellant has now filed a motion for extension of time to file a supplement to his amended notice of appeal. The motion has been pending for more than 10 days, and no response has been filed.
No extension of time is necessary for appellant to further amend or supplement his notice of appeal. "An amended notice of appeal correcting a defect or omission in an earlier filed notice may be filed in the appellate court at any time before the appellant's brief is filed." Tex. R. App. P. 25.1(g). Rule 25.1(g) does not expressly limit the number of amendments an appellant may file. See City of Houston v. Little Nell Apartments, L.P., 424 S.W.3d 640, 644-45 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (considering second amended notice of appeal). However, an amended notice of appeal is subject to being struck for cause on the motion of any party affected by the amended notice. Id.
We express no opinion on whether the amended notice of appeal already filed is proper. We rule only that, because appellant has not filed his brief, he does not need an extension of time to further amend or supplement his notice of appeal.
Appellant's motion is denied as moot.