Narrative Opinion Summary
The Court of Appeals for the First District of Texas has reinstated the appeal in the case of Select Specialty Houston, L.P. and Select Specialty Hospital-Houston Medical Center against Lynella Hart, originally filed under trial court case number 2012-29089 in the 151st District Court of Harris County. The appeal was previously abated on February 8, 2013, due to the case being removed to Federal Court. Following the remand of the case, appellants filed a Motion to Lift Abatement on April 24, 2014, which the court has granted. Consequently, the appeal is now active again, with the clerk’s record already filed. The court reporter has provided an information sheet stating that no transcript was taken. Appellant's brief is required to be submitted within 20 days from the date of this order. The order is signed by Justice Harvey Brown on May 6, 2014.
Legal Issues Addressed
Filing Requirements for Appellant's Briefsubscribe to see similar legal issues
Application: The appellant is required to submit their brief within a specified time frame following the reinstatement of the appeal.
Reasoning: Appellant's brief is required to be submitted within 20 days from the date of this order.
Procedural Status of Clerk’s Record and Transcriptsubscribe to see similar legal issues
Application: The clerk's record has been filed, and it is noted that no transcript was taken in the lower court proceedings.
Reasoning: The appeal is now active again, with the clerk’s record already filed. The court reporter has provided an information sheet stating that no transcript was taken.
Reinstatement of Appeal After Abatementsubscribe to see similar legal issues
Application: The Court of Appeals reinstated the appeal after it was previously abated due to removal to Federal Court and subsequent remand to the state court.
Reasoning: The appeal was previously abated on February 8, 2013, due to the case being removed to Federal Court. Following the remand of the case, appellants filed a Motion to Lift Abatement on April 24, 2014, which the court has granted.