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Darla Lexington v. T. Gerald Treece, Independent of the Estate of John M. O'Quinn, and John M. O'Quinn & Associates, PLLC's Gibbs & Bruns, LLP, Needmore River Ranch, LLC Greg Lamantia and Joseph v. Lamantia, III, SCI Texas Funeral Services, Inc. D/B/A/ Geo

Citation: Not availableDocket: 01-17-00228-CV

Court: Court of Appeals of Texas; January 31, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

An unopposed motion filed by appellant Darla Lexington on January 26, 2018, for leave to file an Amended Appellant’s Brief and Appendix in compliance with word-count limitations was granted by the Court of Appeals for the First District of Texas at Houston. The order, signed by Judge Laura C. Higley on February 1, 2018, directs the appellant to file the amended brief and appendix within three days of the order's date, with the documents to be filed under seal in accordance with TEX. R. APP. P. 38.7. The appeal is not classified as accelerated.

Legal Issues Addressed

Amendment of Appellant's Brief

Application: The court granted permission for the appellant to file an amended brief and appendix, highlighting the procedural allowance for modifying submissions within specified guidelines.

Reasoning: An unopposed motion filed by appellant Darla Lexington on January 26, 2018, for leave to file an Amended Appellant’s Brief and Appendix in compliance with word-count limitations was granted by the Court of Appeals for the First District of Texas at Houston.

Filing Under Seal

Application: The order required that the amended documents be filed under seal, emphasizing the confidentiality aspect in compliance with procedural rules.

Reasoning: The order, signed by Judge Laura C. Higley on February 1, 2018, directs the appellant to file the amended brief and appendix within three days of the order's date, with the documents to be filed under seal in accordance with TEX. R. APP. P. 38.7.

Non-Accelerated Appeal

Application: The case is identified as a standard appeal process, not expedited, which affects the timeline and handling of the case.

Reasoning: The appeal is not classified as accelerated.