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Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon

Citation: Not availableDocket: 06-15-00009-CV

Court: Court of Appeals of Texas; November 16, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Sixth Appellate District of Texas addressed the appeal of Dennis Rayner and Joe Tex Xpress, Inc. against Krista Dillon. The clerk's record was filed on March 11, 2015, and the reporter's record was filed on June 17, 2015, establishing July 17, 2015, as the due date for the appellants' brief. After an extension, the appellants submitted their brief on August 17, 2015, which set September 16, 2015, as the deadline for Dillon's brief. This deadline was extended twice at Dillon's counsel's request, with the latest due date being November 16, 2015. Dillon's counsel filed a third motion for an extension, which the Court reviewed but found insufficient justification for further delay. Therefore, the motion for an additional extension was overruled, and Dillon’s appellate brief is ordered to be filed by December 7, 2015. The order was issued on November 17, 2015.

Legal Issues Addressed

Denial of Extension for Filing Appellate Brief

Application: The court has discretion to deny further requests for extensions if it finds the justification insufficient, thereby enforcing compliance with established deadlines.

Reasoning: Dillon's counsel filed a third motion for an extension, which the Court reviewed but found insufficient justification for further delay. Therefore, the motion for an additional extension was overruled, and Dillon’s appellate brief is ordered to be filed by December 7, 2015.

Filing Deadlines for Appellate Briefs

Application: The court sets specific deadlines for the filing of appellate briefs and may grant extensions upon request. However, extensions are not guaranteed and require sufficient justification.

Reasoning: After an extension, the appellants submitted their brief on August 17, 2015, which set September 16, 2015, as the deadline for Dillon's brief. This deadline was extended twice at Dillon's counsel's request, with the latest due date being November 16, 2015.