Narrative Opinion Summary
In an interlocutory appeal in the First Court of Appeals of Texas, Appellee Premier IMS, Inc. moved to extend the time to file its brief following an order denying a motion to dismiss under the Texas Civil Practice and Remedies Code. The appellee sought a 30-day extension, shifting the deadline from August 7, 2015, to September 8, 2015, by invoking Texas Rule of Appellate Procedure 38.6(d), which allows the court to grant such extensions when no specific rules prevent it. The motion, submitted by attorneys Mary Kathleen Evans and Joseph I. Balat, was unopposed by the appellant, who was duly notified of the request in compliance with procedural requirements. The appellee argued that the extension was necessary to prepare a comprehensive response to the appeal. The court was asked to approve the extension, emphasizing the absence of prior requests for additional time and the lack of opposition from the appellant, thereby facilitating a more thorough legal process.
Legal Issues Addressed
Extension of Time for Filing Under Texas Rule of Appellate Procedure 38.6(d)subscribe to see similar legal issues
Application: The court holds the authority to grant an extension for filing appellee's brief when no specific rules limit such requests and the opposing party does not object.
Reasoning: The motion cites that no rules restrict the timing of such requests, and the court has the authority to grant the extension under Texas Rule of Appellate Procedure 38.6(d).
Procedural Requirements for Motion for Extensionsubscribe to see similar legal issues
Application: The Appellee must ensure that the appellant is notified of the motion, and a certificate of service and conference should be provided to demonstrate this.
Reasoning: A certificate of service confirms that Appellant's counsel was notified of the motion and expressed no opposition. A certificate of conference also indicates that Appellant’s counsel was contacted regarding the extension request.
Unopposed Motion for Extension of Timesubscribe to see similar legal issues
Application: When an appellee requests an extension of time and the appellant does not oppose, the court may find a basis to grant the motion.
Reasoning: Appellant is unopposed to this request.