You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Kasey Krummel v. Leeza Gabriella Vaynman

Citation: Not availableDocket: 05-17-00830-CV

Court: Court of Appeals of Texas; January 25, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Kasey Krummel's appeal against appellee Leeza Gabriella Vaynman has been dismissed due to the failure to file an overdue brief. The Court of Appeals for the Fifth District of Texas at Dallas issued a notification on October 17, 2017, informing Krummel that her brief was past due and provided a ten-day period to submit the brief or a motion for extension. Despite a granted extension on October 26, 2017, allowing the brief to be filed by November 25, 2017, Krummel did not comply nor communicate with the Court regarding her brief. Consequently, the appeal was dismissed pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c). The judgment was officially entered on January 26, 2018, ordering Krummel to pay the costs of the appeal to Vaynman.

Legal Issues Addressed

Awarding of Costs Against Appellant

Application: The judgment included an order for the appellant to pay the costs of the appeal to the appellee.

Reasoning: The judgment was officially entered on January 26, 2018, ordering Krummel to pay the costs of the appeal to Vaynman.

Dismissal for Failure to File Brief

Application: The appellant's failure to submit the required brief within the specified timeline led to the dismissal of the appeal.

Reasoning: Appellant Kasey Krummel's appeal against appellee Leeza Gabriella Vaynman has been dismissed due to the failure to file an overdue brief.

Dismissal under Texas Rules of Appellate Procedure

Application: The appeal was dismissed in accordance with specific procedural rules due to non-compliance by the appellant.

Reasoning: Consequently, the appeal was dismissed pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c).

Granting of Extension for Filing Brief

Application: An extension was granted to the appellant, but she neither complied with the new deadline nor communicated further with the court.

Reasoning: Despite a granted extension on October 26, 2017, allowing the brief to be filed by November 25, 2017, Krummel did not comply nor communicate with the Court regarding her brief.

Notice and Opportunity to Cure Deficiencies

Application: The court provided the appellant a ten-day period to submit the overdue brief or a motion for extension, which was not utilized.

Reasoning: The Court of Appeals for the Fifth District of Texas at Dallas issued a notification on October 17, 2017, informing Krummel that her brief was past due and provided a ten-day period to submit the brief or a motion for extension.