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Kelly Walls v. Daniel Klein

Citation: Not availableDocket: 04-13-00565-CV

Court: Court of Appeals of Texas; January 28, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The document is an order from the Fourth Court of Appeals in San Antonio, Texas, regarding the case of Kelly Walls (Appellant) v. Daniel Klein (Appellee). The order addresses the timeline for the filing of the appellant's brief, which was originally due on November 20, 2013. After a first motion for an extension due to the appellant's visual disability was granted, the deadline was extended to January 21, 2014. The appellant subsequently requested a second extension of ninety days, citing recovery from eye surgery as the reason for the delay. The court granted this request in part, extending the deadline to March 20, 2014, while emphasizing that this is the final extension allowed. The order warns that failure to file by the new deadline will result in the dismissal of the appeal for want of prosecution, in accordance with Texas Rules of Appellate Procedure. The order is dated January 29, 2014, and is signed by Chief Justice Catherine Stone and the Clerk of Court, Keith E. Hottle.

Legal Issues Addressed

Consequences of Non-Compliance with Filing Deadlines

Application: Failure to comply with the extended deadline for filing the appellant's brief will lead to dismissal of the appeal for want of prosecution under the Texas Rules of Appellate Procedure.

Reasoning: The order warns that failure to file by the new deadline will result in the dismissal of the appeal for want of prosecution, in accordance with Texas Rules of Appellate Procedure.

Extensions for Filing Appellant's Brief

Application: The court may grant extensions for filing an appellant's brief if justified, but such extensions are limited and subject to strict deadlines.

Reasoning: After a first motion for an extension due to the appellant's visual disability was granted, the deadline was extended to January 21, 2014. The appellant subsequently requested a second extension of ninety days, citing recovery from eye surgery as the reason for the delay.

Finality of Court-Granted Extensions

Application: The court emphasizes the finality of extensions granted for filing briefs, explicitly stating that further extensions will not be considered.

Reasoning: The court granted this request in part, extending the deadline to March 20, 2014, while emphasizing that this is the final extension allowed.