Narrative Opinion Summary
Appellants Kenneth Davidson, Tamara Davidson, and occupants of 1922 Thompson Crossing Drive filed a motion objecting to the appellee North American Lumber, LLC's brief, asserting it failed to comply with Texas Rule of Appellate Procedure 38. Specifically, the appellants claimed the brief lacked necessary citations to the appellate record and requested either a finding of waiver of responsive arguments or an order for the appellee to submit a corrected brief. Upon review, the Court found the appellee's brief did not meet the required standards, as it lacked clear arguments and appropriate record citations. Consequently, the Court struck the appellee's brief dated June 24, 2022, and mandated that a compliant brief be filed within 14 days. The Court deemed the request for a waiver of briefing as premature and set a deadline for the appellants’ reply brief 20 days after the new appellee's brief is submitted. The order was signed by Judge Amparo Guerra on July 14, 2022.
Legal Issues Addressed
Appellate Brief Requirements under Texas Rule of Appellate Procedure 38subscribe to see similar legal issues
Application: The Court addressed the deficiency in the appellee's brief, which failed to comply with the rule's requirements for clear arguments and appropriate citations to the record.
Reasoning: Upon review, the Court found the appellee's brief did not meet the required standards, as it lacked clear arguments and appropriate record citations.
Court's Authority to Strike Non-compliant Briefssubscribe to see similar legal issues
Application: The Court exercised its authority by striking the appellee's brief due to its failure to adhere to procedural rules and set a timeframe for submitting a corrected brief.
Reasoning: Consequently, the Court struck the appellee's brief dated June 24, 2022, and mandated that a compliant brief be filed within 14 days.
Timing for Appellants' Reply Briefsubscribe to see similar legal issues
Application: The Court established a timeline for the appellants to file their reply brief, contingent upon the submission of the corrected appellee's brief.
Reasoning: The Court deemed the request for a waiver of briefing as premature and set a deadline for the appellants’ reply brief 20 days after the new appellee's brief is submitted.