Narrative Opinion Summary
The Court of Appeals for the Thirteenth District of Texas has considered Kevin Lozano's fifth motion for an extension of time to file his appellate brief. The reporter’s record was filed on May 2, 2016, with the initial brief due thirty days later. The appellant has already received four prior extensions totaling 243 days. After a substitution of counsel on September 12, 2016, Lozano's current motion requests an additional 30 days, extending the deadline to March 1, 2017, citing the complexity and fact-intensive nature of the issues involved. The Court, prioritizing the interests of justice, has granted this motion. Consequently, the appeal is abated and removed from the active docket until the appellant's brief is filed. The order was delivered on February 24, 2017.
Legal Issues Addressed
Abatement of Appeal Pending Filing of Appellant's Briefsubscribe to see similar legal issues
Application: The appeal was abated and removed from the active docket until the filing of the appellant's brief.
Reasoning: Consequently, the appeal is abated and removed from the active docket until the appellant's brief is filed.
Court's Discretion in Granting Extensions for Justicesubscribe to see similar legal issues
Application: The court exercised its discretion to grant the extension by prioritizing the interests of justice.
Reasoning: The Court, prioritizing the interests of justice, has granted this motion.
Extensions of Time for Filing Appellate Briefssubscribe to see similar legal issues
Application: The court granted an additional extension for filing the appellate brief due to the complexity and fact-intensive nature of the case issues, despite previous extensions.
Reasoning: Lozano's current motion requests an additional 30 days, extending the deadline to March 1, 2017, citing the complexity and fact-intensive nature of the issues involved.
Substitution of Counsel and Its Impact on Deadlinessubscribe to see similar legal issues
Application: The substitution of counsel was considered a factor in granting additional time to file the appellate brief.
Reasoning: After a substitution of counsel on September 12, 2016, Lozano's current motion requests an additional 30 days.