Narrative Opinion Summary
The Court of Appeals for the Eighth District of Texas dismissed the appeal of Paul Resignato against Southwestern Bell Yellow Pages, Inc. due to a failure to prosecute. The appellant did not file a brief or a motion for an extension of time after timely filing a notice of appeal on March 22, 2002. On September 3, 2002, the Court's clerk notified the parties of the intent to dismiss the appeal unless a response was received within ten days; however, no response was filed. Consequently, the Court dismissed the appeal under Texas Rule of Appellate Procedure 42.3(b) and (c) for want of prosecution. The opinion was issued on September 26, 2002, by Justice David Wellington Chew, with Justices Barajas and Larsen on the panel.
Legal Issues Addressed
Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 42.3subscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to file a brief or a motion for an extension of time after filing a notice of appeal, and did not respond to the court's notification regarding the intent to dismiss.
Reasoning: The Court of Appeals for the Eighth District of Texas dismissed the appeal of Paul Resignato against Southwestern Bell Yellow Pages, Inc. due to a failure to prosecute.
Issuance of Judicial Opinionsubscribe to see similar legal issues
Application: The opinion for the dismissal of the appeal was issued by Justice David Wellington Chew with a panel consisting of Justices Barajas and Larsen.
Reasoning: The opinion was issued on September 26, 2002, by Justice David Wellington Chew, with Justices Barajas and Larsen on the panel.
Notification Requirement for Dismissal of Appealsubscribe to see similar legal issues
Application: The court clerk notified the parties of the intent to dismiss the appeal unless a response was filed within ten days, which did not occur, leading to the dismissal.
Reasoning: On September 3, 2002, the Court's clerk notified the parties of the intent to dismiss the appeal unless a response was received within ten days; however, no response was filed.