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Phillip Manderscheid v. LAZ Parking of Texas, LLC, and Boot Man, Inc. D/B/A Premier Parking Enforcement

Citation: Not availableDocket: 01-13-00362-CV

Court: Court of Appeals of Texas; November 26, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Phillip Manderscheid's motion for reconsideration regarding the second motion to abate the appeal has been denied by the Court of Appeals for the First District of Texas. The motion sought to remand the case to the County Court and appoint a special master to address discrepancies in the transcript from hearings on January 14 and March 26, 2013. The court has partially granted Manderscheid's request for an extension to file his appellate brief, setting a deadline of December 13, 2013. Failure to file the brief by this date may result in dismissal of the appeal for want of prosecution, with no further extensions allowed. The order is signed by Judge Rebeca Huddle on November 27, 2013.

Legal Issues Addressed

Denial of Motion for Reconsideration

Application: The Court of Appeals denied the appellant's motion for reconsideration of the second motion to abate the appeal, declining to remand the case for further proceedings regarding alleged transcript discrepancies.

Reasoning: Appellant Phillip Manderscheid's motion for reconsideration regarding the second motion to abate the appeal has been denied by the Court of Appeals for the First District of Texas.

Extension of Time to File Appellate Brief

Application: The court granted a partial extension for the appellant to file his appellate brief, emphasizing the finality of the new deadline and the consequences of non-compliance.

Reasoning: The court has partially granted Manderscheid's request for an extension to file his appellate brief, setting a deadline of December 13, 2013. Failure to file the brief by this date may result in dismissal of the appeal for want of prosecution, with no further extensions allowed.