Narrative Opinion Summary
Appellants TSM Development, LLC and Kun W. Yu failed to file their brief in a timely manner for their appeal against appellees Authentic Contracting Solutions, LLC and Mitch Breeden. Following a notification on August 22, 2017, regarding the overdue brief and a warning that the appeal would be dismissed if the brief or a motion for extension was not filed within ten days, the appellants did not respond. Consequently, the Court of Appeals for the Fifth District of Texas dismissed the appeal due to the lack of compliance with procedural requirements. The judgment, delivered by Justice Schenck, orders the appellants to pay the costs of the appeal to the appellees. The dismissal was formally entered on December 11, 2017.
Legal Issues Addressed
Cost Assessment Against Appellantsubscribe to see similar legal issues
Application: The court ordered the appellants to pay the costs of the appeal to the appellees as a consequence of the dismissal.
Reasoning: The judgment, delivered by Justice Schenck, orders the appellants to pay the costs of the appeal to the appellees.
Dismissal of Appeal for Procedural Noncompliancesubscribe to see similar legal issues
Application: The court dismissed the appeal due to the appellants' failure to file their brief or a motion for extension within the prescribed time frame.
Reasoning: Following a notification on August 22, 2017, regarding the overdue brief and a warning that the appeal would be dismissed if the brief or a motion for extension was not filed within ten days, the appellants did not respond.