Narrative Opinion Summary
Appellant Gerald McMillan's brief was initially due on June 21, 2018, but the deadline was extended to September 17, 2018, following two motions for extension. McMillan submitted a third motion requesting an additional extension. The court partially granted this motion, setting a new deadline for the brief to be filed by October 19, 2018. The court emphasized that no further extensions will be granted and warned that failure to comply could lead to dismissal of the appeal, in accordance with Texas Rules of Appellate Procedure Rule 38.8(a). The order was issued on September 19, 2018, and was signed by Justices Puryear, Goodwin, and Bourland.
Legal Issues Addressed
Consequences of Failing to Comply with Filing Deadlinessubscribe to see similar legal issues
Application: Failure to meet the filing deadline for a brief can result in the dismissal of the appeal as per the procedural rules.
Reasoning: The court emphasized that no further extensions will be granted and warned that failure to comply could lead to dismissal of the appeal, in accordance with Texas Rules of Appellate Procedure Rule 38.8(a).
Extensions for Filing Briefs under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The court may grant extensions for filing briefs, but such extensions are not indefinite, and further requests may be denied.
Reasoning: McMillan submitted a third motion requesting an additional extension. The court partially granted this motion, setting a new deadline for the brief to be filed by October 19, 2018.
Judicial Authority in Granting Extensionssubscribe to see similar legal issues
Application: The decision to grant or deny extensions lies with the discretion of the judges, as demonstrated by the partial granting of the third extension request.
Reasoning: The order was issued on September 19, 2018, and was signed by Justices Puryear, Goodwin, and Bourland.