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Misha Bennett-Hickman v. Jon Foley and Olin Clemons

Citation: Not availableDocket: 05-13-01579-CV

Court: Court of Appeals of Texas; April 15, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Fifth District of Texas has issued an order regarding the appeal of Misha Bennett-Hickman against Jon Foley and Olin Clemons. The court noted that the reporter's record for the case had not been filed because the appellant failed to request it or make payment arrangements. The appellant was previously notified on January 14, 2014, and was instructed to provide written verification of her request and payment arrangements or proof of entitlement to proceed without payment. The court warned that failure to comply within ten days could lead to the appeal being submitted without the reporter's record. As the appellant did not respond or provide the necessary documentation, the court has ordered that the appeal will proceed without a reporter's record. The deadline for the appellant's brief is set for thirty days from the date of this order. The order was signed by Chief Justice Carolyn Wright.

Legal Issues Addressed

Consequences of Failing to Provide Required Documentation

Application: If the appellant does not provide written verification of the request and payment for the reporter's record, the appeal proceeds without it.

Reasoning: The court warned that failure to comply within ten days could lead to the appeal being submitted without the reporter's record.

Procedure for Setting Deadlines in Appeals

Application: The court sets specific deadlines for the appellant's actions, including the submission of briefs, to ensure the timely progression of the appeal.

Reasoning: The deadline for the appellant's brief is set for thirty days from the date of this order.

Requirement for Filing Reporter’s Record in Appeals

Application: The appellant must request and arrange payment for the reporter's record to ensure it is included in the appeal process.

Reasoning: The court noted that the reporter's record for the case had not been filed because the appellant failed to request it or make payment arrangements.