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Marcie Lynn Dutschmann Schreck v. the Delaney at Lake Waco

Citation: Not availableDocket: 10-22-00146-CV

Court: Court of Appeals of Texas; July 20, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Marcie Lynn Dutschmann Schreck appealed the trial court's order that contested her statement of inability to afford court costs. The appeal was assigned cause number 10-22-00146-CV. Upon reviewing documents filed by Schreck, the court determined she was acting in concert with William Windsor, who had been permanently enjoined from filing complaints without prior court permission. The court ordered Schreck to provide evidence of such permission within fourteen days, warning that failure to do so would result in dismissal of the appeal. As Schreck did not respond within the specified timeframe, the court dismissed the appeal under Texas Rules of Appellate Procedure 42.3(c) for noncompliance with court orders. The opinion was delivered and filed on July 20, 2022.

Legal Issues Addressed

Dismissal for Noncompliance with Court Orders

Application: The court dismissed the appeal due to the appellant's failure to comply with an order requiring evidence of permission to file the appeal.

Reasoning: As Schreck did not respond within the specified timeframe, the court dismissed the appeal under Texas Rules of Appellate Procedure 42.3(c) for noncompliance with court orders.

Requirement of Permission for Filing

Application: The appellant was required to demonstrate prior court permission to file due to association with an individual under filing restrictions.

Reasoning: The court determined she was acting in concert with William Windsor, who had been permanently enjoined from filing complaints without prior court permission.