Narrative Opinion Summary
On August 16, 2016, the Fourth Court of Appeals in San Antonio, Texas, addressed the case of Westridge Estates Homeowners Association v. Omar Canales and Marlo C. Canales. The court granted a motion to withdraw filed by the appellant’s counsel on August 2, 2016, as it complied with Texas Rule of Appellate Procedure 6.5 and there was no objection from the appellant. The appellant’s brief was due on August 12, 2016, but neither the brief nor a request for an extension was submitted. Consequently, the court ordered the appellant to show cause in writing within 21 days explaining why the appeal should not be dismissed for want of prosecution, in accordance with Texas Rule of Appellate Procedure 38.8(a). The order was signed by Justice Karen Angelini and the court's clerk, Keith E. Hottle, on the same date.
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 required the appellant to justify the continuation of the appeal due to the failure to submit a brief or request an extension, which is necessary to avoid dismissal for want of prosecution.
Reasoning: Consequently, the court ordered the appellant to show cause in writing within 21 days explaining why the appeal should not be dismissed for want of prosecution, in accordance with Texas Rule of Appellate Procedure 38.8(a).
Withdrawal of Counsel under Texas Rule of Appellate Procedure 6.5subscribe to see similar legal issues
Application: The court permitted the withdrawal of the appellant's counsel as the motion complied with the procedural requirements and there was no objection from the appellant.
Reasoning: The court granted a motion to withdraw filed by the appellant’s counsel on August 2, 2016, as it complied with Texas Rule of Appellate Procedure 6.5 and there was no objection from the appellant.