Narrative Opinion Summary
This appellate case involves Ernest W. Rowden, Ernest Matthew Rowden, and IWS Gas and Supply of Texas, Ltd., who are challenging the trial court’s issuance of a temporary injunction. The appellate proceedings stem from an order dated October 17, 2017, in the 149th District Court of Brazoria County. Procedurally, the appellants were obligated to submit the appellate record by November 13, 2017, but only partially complied, filing a clerk's record while failing to procure a reporter’s record. On December 18, 2018, the court clerk notified the appellants of the deficiency, granting them until December 28, 2017, to rectify the issue by proving payment or showing entitlement to proceed without costs. The appellants' lack of response prompted the court to limit its review to issues not requiring the reporter's record. Consequently, the appellants must file their appellate brief within 20 days following Judge Terry Jennings’ order on February 8, 2018. The court's decision underscores the importance of adhering to procedural requirements in appellate matters, particularly regarding the preparation and submission of necessary records.
Legal Issues Addressed
Appeal Process and Requirementssubscribe to see similar legal issues
Application: The appellants failed to fulfill the procedural requirement of requesting and paying for the reporter’s record, affecting the appellate review process.
Reasoning: On December 18, 2018, the Court Clerk informed the appellants that they had not requested or paid for the reporter’s record.
Consideration of Appeals Without Reporter’s Recordsubscribe to see similar legal issues
Application: The court will proceed to consider the appeal on issues that do not necessitate the reporter’s record due to the appellants' inaction.
Reasoning: The appellants were given until December 28, 2017, to provide proof of payment or entitlement to proceed without costs, failing which the Court would consider the appeal without the reporter’s record.
Filing Deadlines for Appellate Briefssubscribe to see similar legal issues
Application: The appellants are required to submit their appellate brief within a specified timeframe following the court's order.
Reasoning: Appellants are required to file their brief within 20 days from the date of this order.