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Julie A. Roberts v. Nexus Health Systems, Inc.

Citation: Not availableDocket: 01-19-00175-CV

Court: Court of Appeals of Texas; August 22, 2019; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the First District of Texas at Houston has issued an order regarding the appellate case of Julie A. Roberts v. Nexus Health Systems, Inc., with the appellate case number 01-19-00175-CV and trial court case number 2016-84120 from the 334th District Court of Harris County. On April 11, 2019, the appeal was abated and remanded to the trial court for a hearing on attorney’s fees, scheduled for May 3, 2019. Following the hearing, a supplemental reporter’s record was filed. The appeal has now been reinstated on the active docket, and the reporter’s record received on June 5, 2019, is ordered to be filed. The appellant's brief is due 30 days from the date of this order. The filing fee is still unpaid, and unless it is paid within 10 days, the appeal may be dismissed. This order is signed by Justice Richard Hightower on August 22, 2019.

Legal Issues Addressed

Abatement and Remand for Attorney's Fees Hearing

Application: The case was abated and remanded to the trial court for a specific hearing on attorney's fees, demonstrating the appellate court's authority to pause and send back a case for further proceedings.

Reasoning: On April 11, 2019, the appeal was abated and remanded to the trial court for a hearing on attorney’s fees, scheduled for May 3, 2019.

Deadline for Appellant's Brief Submission

Application: The appellant is given a specific timeframe to submit their brief, emphasizing the procedural requirements for progressing with an appeal.

Reasoning: The appellant's brief is due 30 days from the date of this order.

Mandatory Filing Fee Payment

Application: The court requires the payment of a filing fee to proceed with the appeal, illustrating the enforcement of procedural compliance through potential dismissal.

Reasoning: The filing fee is still unpaid, and unless it is paid within 10 days, the appeal may be dismissed.

Reinstatement of Appeal on Active Docket

Application: Following the completion of additional proceedings in the trial court, the appeal was reinstated, indicating the resumption of appellate review.

Reasoning: The appeal has now been reinstated on the active docket, and the reporter’s record received on June 5, 2019, is ordered to be filed.