Narrative Opinion Summary
Appellant Jerry T. Evans did not file a brief within the required timeframe, violating Texas Rule of Appellate Procedure 38.8(a). After being informed that the appeal was at risk of dismissal due to this failure, Evans did not provide an adequate response, as permitted under Texas Rule of Appellate Procedure 42.3(b). Consequently, the court dismissed the appeal for want of prosecution due to the lack of a timely brief. All pending motions related to the case were also denied. The decision was issued by a panel consisting of Justices Nuchia, Alcala, and Higley.
Legal Issues Addressed
Denial of Pending Motionssubscribe to see similar legal issues
Application: With the dismissal of the appeal, all related pending motions were also denied by the court.
Reasoning: All pending motions related to the case were also denied.
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The court dismissed the appeal because the appellant failed to file a brief within the required timeframe and did not adequately respond to the court's warning regarding potential dismissal.
Reasoning: Consequently, the court dismissed the appeal for want of prosecution due to the lack of a timely brief.
Response to Warning of Dismissalsubscribe to see similar legal issues
Application: Evans failed to provide an adequate response as allowed under the rules, resulting in the dismissal of the case.
Reasoning: After being informed that the appeal was at risk of dismissal due to this failure, Evans did not provide an adequate response, as permitted under Texas Rule of Appellate Procedure 42.3(b).
Texas Rule of Appellate Procedure 38.8(a)subscribe to see similar legal issues
Application: Appellant Jerry T. Evans violated this rule by not filing a brief within the mandated timeframe, leading to the court's consideration of dismissal.
Reasoning: Appellant Jerry T. Evans did not file a brief within the required timeframe, violating Texas Rule of Appellate Procedure 38.8(a).