Narrative Opinion Summary
The Fourth Court of Appeals in San Antonio, Texas, issued an order on December 19, 2013, regarding case number 04-13-00536-CV, involving appellants Peter Marshall and Broadway 5 Homes, Inc. against appellee C-6 Disposal Systems Inc. The court noted that the clerk's record was filed on November 7, 2013, and that the appellants' brief was due by December 9, 2013. As neither the brief nor a motion for extension was filed, the court ordered the appellants to show cause in writing within ten days why the appeal should not be dismissed for want of prosecution, referencing Texas Rule of Appellate Procedure 38.8(a). The order was issued by Justice Rebeca C. Martinez and recorded by Clerk of Court Keith E. Hottle.
Legal Issues Addressed
Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 38.8(a)subscribe to see similar legal issues
Application: The court applied this rule by ordering the appellants to show cause why the appeal should not be dismissed after they failed to file their brief by the deadline.
Reasoning: The court ordered the appellants to show cause in writing within ten days why the appeal should not be dismissed for want of prosecution, referencing Texas Rule of Appellate Procedure 38.8(a).
Filing Deadlines for Appellants' Briefssubscribe to see similar legal issues
Application: The court highlighted the importance of adhering to filing deadlines by noting the appellants' failure to submit their brief by the specified date, thus prompting the show cause order.
Reasoning: The court noted that the clerk's record was filed on November 7, 2013, and that the appellants' brief was due by December 9, 2013. As neither the brief nor a motion for extension was filed, the court ordered the appellants to show cause.