Narrative Opinion Summary
The Court of Appeals for the First District of Texas has reinstated the appellate case of Darla Lexington v. T. Gerald Treece, Independent Executor of the Estate of John M. O’Quinn, among others, following an abatement order issued on July 11, 2017. The case was remanded to the probate court to finalize orders under Texas Rule of Civil Procedure 91a concerning Treece and John M. O’Quinn Associates, PLLC. On September 7 and 13, 2017, supplemental records were filed, including final orders awarding fees, which were signed on August 1, 2017. With the appellate records now deemed complete, the Court has directed the Clerk to restore the case to its active docket. The appellant is required to file their brief within 30 days, followed by any appellee briefs within 30 days of the appellant's submission. The order is signed by Acting Judge Laura C. Higley on September 19, 2017.
Legal Issues Addressed
Appellate Brief Submission Deadlinessubscribe to see similar legal issues
Application: The Court outlined specific deadlines for the submission of appellate and appellee briefs following the reinstatement of the case.
Reasoning: The appellant is required to file their brief within 30 days, followed by any appellee briefs within 30 days of the appellant's submission.
Filing of Supplemental Recordssubscribe to see similar legal issues
Application: Supplemental records including final orders were filed, marking the completion of the appellate record.
Reasoning: On September 7 and 13, 2017, supplemental records were filed, including final orders awarding fees, which were signed on August 1, 2017.
Procedure for Finalizing Orders under Texas Rule of Civil Procedure 91asubscribe to see similar legal issues
Application: The probate court finalized orders related to the case as per Texas Rule of Civil Procedure 91a, allowing the appellate process to proceed.
Reasoning: The case was remanded to the probate court to finalize orders under Texas Rule of Civil Procedure 91a concerning Treece and John M. O’Quinn Associates, PLLC.
Reinstatement of Appellate Casesubscribe to see similar legal issues
Application: The Court of Appeals reinstated the appellate case after resolving procedural issues in the probate court.
Reasoning: The Court of Appeals for the First District of Texas has reinstated the appellate case of Darla Lexington v. T. Gerald Treece, Independent Executor of the Estate of John M. O’Quinn, among others, following an abatement order issued on July 11, 2017.