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Sunbelt Securities Inc., the Fisher Group, Cheryl Brown and Jeanine Fisher v. David Mark Mandell

Citation: Not availableDocket: 01-21-00209-CV

Court: Court of Appeals of Texas; August 24, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In an appellate proceeding before the Court of Appeals for the First District of Texas at Houston, Sunbelt Securities, Inc. and associated parties contested a trial court's ruling that denied their motions to compel arbitration. Notices of appeal were duly filed in April 2021, subsequent to the trial court's decision earlier that month. The appellants, including Sunbelt Securities, submitted their appellate brief in June, followed by the appellees' response in July. Seeking additional time to file a reply brief, the Sunbelt appellants requested an extension, which was met with no opposition from key parties, though some parties did not respond. The court granted this extension, allowing the appellants until the end of August 2021 to submit their reply. The procedural decision, signed by Judge Amparo Guerra, underscores the court's consideration of procedural fairness and timeliness in appellate practices. The case continues to address the legal complexities surrounding arbitration agreements and their enforceability within the context of securities transactions and estate management.

Legal Issues Addressed

Appellate Procedure for Filing Notices of Appeal

Application: The appellants timely filed notices of appeal following the trial court's denial of their motions to compel arbitration.

Reasoning: The appellants filed notices of appeal on April 28 and April 29, 2021, following the trial court's April 9, 2021 order that denied their motions to compel arbitration.

Extension of Time to File Appellate Briefs

Application: The court granted the Sunbelt appellants an extension to file their reply brief, as there was no opposition from certain parties.

Reasoning: The court granted the motion, allowing the Sunbelt appellants until August 31, 2021, to file their reply brief.