Narrative Opinion Summary
In this appellate proceeding, the appellant, represented by George B. Dombart, sought an extension of time to file a Notice of Accelerated Appeal in the Fourth Court of Appeals, stemming from an order issued by the 73rd Judicial District Court of Bexar County, Texas. The appeal involved a Temporary Restraining Order and Injunction dated September 1, 2015. The appellant's notice, originally due on September 21, 2015, was filed late on September 28, 2015, but fell within the permissible 15-day grace period for late filings under Texas appellate rules. The appellant attributed the delay to counsel's absence due to a family emergency and a misunderstanding of the filing deadline, mistakenly believed to be 30 days instead of the actual 20-day period. The motion to extend was opposed by the appellees, Marci Madla and Brandon Brigance, who contended against the reasons for the delay. The appellant's counsel, Robert E. Golden of Golden Law, P.C., ensured compliance with procedural requirements by serving the motion and notice to opposing counsel. The court's decision on the extension request will determine the appellant's ability to proceed with the appeal of the injunctive order.
Legal Issues Addressed
Extension of Time for Filing Notice of Accelerated Appealsubscribe to see similar legal issues
Application: The appellant sought an extension under Rule 26.3 of the Texas Rules of Appellate Procedure due to a missed deadline caused by counsel's absence and a misunderstanding of the filing period.
Reasoning: George B. Dombart, the appellant, filed a Motion for Extension of Time to file a Notice of Accelerated Appeal in the Fourth Court of Appeals, following an appealable order from the 73rd Judicial District Court of Bexar County, Texas, signed on September 1, 2015.
Grounds for Excusable Delaysubscribe to see similar legal issues
Application: The counsel's absence due to a family death and a deadline misunderstanding were presented as reasons for the inadvertent delay in filing.
Reasoning: The delay in filing was attributed to Dombart’s counsel being out of the office due to a family death and a misunderstanding regarding the filing deadline, believing it to be 30 days instead of the correct 20 days.
Late Filing Within Grace Periodsubscribe to see similar legal issues
Application: The appellant's notice was filed within the 15-day grace period permitted for late submissions, justifying the request for an extension.
Reasoning: The Notice of Accelerated Appeal was due on September 21, 2015, but was submitted on September 28, 2015, which is within the 15-day grace period allowed for late filings.
Opposition to Motion for Extensionsubscribe to see similar legal issues
Application: The appellees opposed the motion to extend the filing period, challenging the reasons provided for the extension request.
Reasoning: Appellees, Marci Madla and Brandon Brigance, oppose the motion to extend the filing period.