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L.T. Bradt v. Citibank (South Dakota), N.A.

Citation: Not availableDocket: 14-11-00548-CV

Court: Court of Appeals of Texas; February 22, 2012; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Order dated February 23, 2012, from The Fourteenth Court of Appeals regarding Citibank (South Dakota, N.A.) as the appellant against L.T. Bradt, the appellee. The appeal originates from the 387th District Court of Fort Bend County, Texas, under trial court cause number 06-DCV-148751. The appellant's brief, originally due on February 10, 2012, was not submitted, nor was a motion for an extension filed. The court mandates that the appellant must file the brief with the clerk by March 23, 2012, or the appeal will be dismissed for want of prosecution, in accordance with Texas Rules of Appellate Procedure 42.3(b). The order is issued per curiam.

Legal Issues Addressed

Dismissal for Want of Prosecution

Application: The court outlines the conditions under which an appeal may be dismissed due to the appellant's failure to prosecute the appeal diligently.

Reasoning: The court mandates that the appellant must file the brief with the clerk by March 23, 2012, or the appeal will be dismissed for want of prosecution, in accordance with Texas Rules of Appellate Procedure 42.3(b).

Timely Filing of Appellate Briefs

Application: The court emphasizes the necessity for appellants to file their briefs within the designated timeframe to avoid dismissal of the appeal.

Reasoning: The appellant's brief, originally due on February 10, 2012, was not submitted, nor was a motion for an extension filed.