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Elizabeth Hainsworth v. Equity Trust Company, Custodian FBO Davit Blakely IRA

Citation: Not availableDocket: 03-18-00047-CV

Court: Court of Appeals of Texas; August 3, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Elizabeth Hainsworth failed to submit her brief by the due date of May 11, 2018. After a notice was sent on June 5, 2018, warning her of the overdue brief and the potential dismissal of the appeal if no response was filed by June 15, 2018, she did not file a brief or request an extension. Consequently, the court dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b). The decision was made by Justices Puryear, Goodwin, and Bourland, and the dismissal was filed on August 3, 2018.

Legal Issues Addressed

Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 42.3(b)

Application: The court applied Rule 42.3(b) to dismiss the appeal due to the appellant's failure to file an appellate brief by the specified deadlines, demonstrating a lack of prosecution.

Reasoning: Consequently, the court dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b).

Failure to File Brief

Application: The appellant's failure to submit a brief by the deadline, despite receiving a notice warning of potential dismissal, led to the court's decision to dismiss the appeal.

Reasoning: Appellant Elizabeth Hainsworth failed to submit her brief by the due date of May 11, 2018.

Notification and Opportunity to Respond

Application: The court provided the appellant with a notification regarding the overdue brief and the consequences of not responding, yet no action was taken by the appellant.

Reasoning: After a notice was sent on June 5, 2018, warning her of the overdue brief and the potential dismissal of the appeal if no response was filed by June 15, 2018, she did not file a brief or request an extension.