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Karen Wakefield v. Bank of America, N.A. and Federal National Mortgage Association

Citation: Not availableDocket: 14-16-00580-CV

Court: Court of Appeals of Texas; October 18, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Karen Wakefield's brief in the case against Bank of America, N.A. and Federal National Mortgage Association was due on September 28, 2016. As of the order date, October 18, 2016, no brief or motion for extension had been submitted. The court has mandated that unless the appellant files a brief by November 17, 2016, the appeal will be dismissed for want of prosecution, in accordance with Texas Rule of Appellate Procedure 42.3(b). The order is issued per curiam.

Legal Issues Addressed

Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 42.3(b)

Application: The court applies this rule to mandate the filing of an appellant's brief by a specified deadline, failing which the appeal will be dismissed.

Reasoning: The court has mandated that unless the appellant files a brief by November 17, 2016, the appeal will be dismissed for want of prosecution, in accordance with Texas Rule of Appellate Procedure 42.3(b).

Requirement for Timely Filing of Appellant's Brief

Application: The appellant's failure to submit the brief or a motion for extension by the due date results in potential dismissal of the appeal.

Reasoning: Appellant Karen Wakefield's brief in the case against Bank of America, N.A. and Federal National Mortgage Association was due on September 28, 2016. As of the order date, October 18, 2016, no brief or motion for extension had been submitted.