Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas issued an order on August 9, 2019, regarding the appeal of Ivery T. Williams against David Gutierrez. The court noted that the clerk's record was overdue, despite a previous order dated June 17, 2019, which allowed the appellant to proceed without cost and required the Dallas County Clerk to file the record within thirty days. The Dallas County Clerk had not filed the record nor communicated its status to the court. To facilitate the appeal, the court mandated the Dallas County Clerk to file the clerk's record within ten days of this order. Additionally, clarification was provided regarding the timing for the appellant's amended brief, stating it is due thirty days after the clerk's record is filed, with a warning that failure to file could lead to dismissal of the appeal. Copies of the order were directed to be sent to the Dallas County Clerk and all parties involved. The order was signed by Chief Justice Robert D. Burns III.
Legal Issues Addressed
Consequences of Failing to File Briefssubscribe to see similar legal issues
Application: The court warned that failure to file the appellant's amended brief could result in the dismissal of the appeal, emphasizing the importance of adhering to procedural requirements.
Reasoning: A warning that failure to file could lead to dismissal of the appeal.
Filing of Clerk's Record in Appealssubscribe to see similar legal issues
Application: The court ordered the Dallas County Clerk to file the overdue clerk's record within ten days to facilitate the appeal process.
Reasoning: The court mandated the Dallas County Clerk to file the clerk's record within ten days of this order.
Proceeding Without Cost in Appealssubscribe to see similar legal issues
Application: The appellant was allowed to proceed without cost, as specified in a previous order, facilitating access to the appellate process.
Reasoning: The court noted that the clerk's record was overdue, despite a previous order dated June 17, 2019, which allowed the appellant to proceed without cost.
Timing for Filing Appellant's Amended Briefsubscribe to see similar legal issues
Application: The appellant's amended brief is due thirty days after the clerk's record is filed, providing a structured timeline for the appeal process.
Reasoning: Clarification was provided regarding the timing for the appellant's amended brief, stating it is due thirty days after the clerk's record is filed.