Narrative Opinion Summary
In the appellate case involving Racefab, Inc. and Guy Grantham, an extension request was filed with the 12th Court of Appeals in Tyler, Texas, regarding the submission of the Trial Clerk’s Record and the Court Reporter’s Record. Initially due on July 3, 2015, the records' completion was delayed due to the appellant's non-payment of preparation fees and delay in confirming their intent to proceed with the appeal. Tena Argenbright, the official court reporter, requested an additional 30 days for submission, invoking Texas Rule of Appellate Procedure 37.3. The request was duly certified, with notifications sent to the lead counsel for both parties, in compliance with Texas Rule of Appellate Procedure 9.5(e). Argenbright expected to complete and submit the records by August 3, 2015. This procedural motion highlights the appellant's obligations regarding record preparation fees and the necessity of timely communication in appellate procedures.
Legal Issues Addressed
Certification of Service Requirementssubscribe to see similar legal issues
Application: The request for an extension includes a certification of service, ensuring all parties are informed as per procedural rules.
Reasoning: The document includes a certification of service, confirming that all parties involved have been notified of this request via fax on June 30, 2015.
Extension of Time for Filing Record in Appealssubscribe to see similar legal issues
Application: The court reporter requested an extension to file the record, citing the appellant's delay in confirming their intention to proceed and failure to pay preparation fees.
Reasoning: Argenbright anticipates that the record will be completed and submitted by August 3, 2015, and is formally requesting an additional 30 days to prepare it, citing Texas Rule of Appellate Procedure 37.3.
Obligations for Record Preparation Feessubscribe to see similar legal issues
Application: The appellant's failure to pay the required fees for record preparation delayed the filing process, impacting the timeline for submission.
Reasoning: The official court reporter, Tena Argenbright, indicates an inability to meet the deadline due to the Appellant's lack of payment for the record preparation fees and a request from the Appellant to delay work on the record until they confirmed their intention to proceed with the appeal.