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Brady Brinkman v. Shannon Hart

Citation: Not availableDocket: 05-22-00119-CV

Court: Court of Appeals of Texas; June 29, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Brady Brinkman's appeal against Shannon Hart was dismissed by the Court of Appeals for the Fifth District of Texas due to his failure to timely file a required brief. After notifying Brinkman on June 8, 2022, that he needed to submit his brief within ten days, the court warned that non-compliance would lead to dismissal. Brinkman did not file his brief or communicate with the court regarding the appeal's status. Consequently, the appeal was dismissed in accordance with Texas Rules of Appellate Procedure. The judgment was entered on June 29, 2022.

Legal Issues Addressed

Consequences of Non-Compliance with Court Orders

Application: The failure of the appellant to file the brief or communicate with the court resulted in the dismissal of the appeal.

Reasoning: Brinkman did not file his brief or communicate with the court regarding the appeal's status. Consequently, the appeal was dismissed in accordance with Texas Rules of Appellate Procedure.

Dismissal of Appeal for Failure to File Brief

Application: The Court of Appeals dismissed the appellant's case due to non-compliance with the requirement to file a brief within the specified deadline.

Reasoning: Brady Brinkman's appeal against Shannon Hart was dismissed by the Court of Appeals for the Fifth District of Texas due to his failure to timely file a required brief.

Notification Requirement under Texas Rules of Appellate Procedure

Application: The court fulfilled its obligation by notifying the appellant of the requirement to file a brief within ten days and the consequences of non-compliance.

Reasoning: After notifying Brinkman on June 8, 2022, that he needed to submit his brief within ten days, the court warned that non-compliance would lead to dismissal.