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Ruben Aleman, M.D. v. Texas Medical Board

Citation: Not availableDocket: 03-16-00339-CV

Court: Court of Appeals of Texas; October 20, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Ruben Aleman, M.D. is appealing a case against the Texas Medical Board. The appellant's brief was initially due on July 8, 2016, but an extension was granted until October 7, 2016. A third motion for an additional thirty-one-day extension was submitted by the appellant’s counsel, which the court has approved, setting a new deadline for the brief to November 7, 2016. The court emphasizes that no further extensions will be granted and warns that failure to comply may lead to dismissal of the appeal, referencing Texas Rules of Appellate Procedure 38.8(a) and 42.3(b)(c). The order was issued on October 20, 2016, by Justices Puryear, Pemberton, and Field.

Legal Issues Addressed

Appellate Procedure - Brief Filing Deadlines

Application: The court granted a third extension for filing the appellant's brief, emphasizing the strict adherence to deadlines under appellate procedure rules.

Reasoning: The appellant's brief was initially due on July 8, 2016, but an extension was granted until October 7, 2016. A third motion for an additional thirty-one-day extension was submitted by the appellant’s counsel, which the court has approved, setting a new deadline for the brief to November 7, 2016.

Consequences of Non-Compliance with Filing Deadlines

Application: The court warned that failure to meet the final deadline may result in the dismissal of the appeal, highlighting the consequences under the Texas Rules of Appellate Procedure.

Reasoning: The court emphasizes that no further extensions will be granted and warns that failure to comply may lead to dismissal of the appeal, referencing Texas Rules of Appellate Procedure 38.8(a) and 42.3(b)(c).