Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas addressed an appeal involving Valet Living, LLC and Valet Parent, Inc. against Jasmine Amber Mitchell. Following a settlement indication by the appellant's counsel, the court awaited a motion to dismiss the appeal, which had not been filed by the specified date. The court issued an order on August 31, 2022, requiring the appellant to submit either a motion to dismiss or a letter brief by September 6, 2022, explaining why the appeal should not be dismissed. This directive was issued under the threat of dismissal without further notice pursuant to Texas Rule of Appellate Procedure 42.3(c). Justice Leslie Osborne signed the order. The procedural history highlights a lack of response from both parties despite the court's earlier requests for updates and documentation, underscoring the court's reliance on procedural rules to manage case dockets efficiently. The outcome remains pending, contingent on the appellant's compliance with the court's directive.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.3(c)subscribe to see similar legal issues
Application: The court applies this rule by warning the appellant that failure to file a motion to dismiss or a letter brief justifying the continuation of the appeal may result in dismissal without further notice.
Reasoning: The court warned that failure to comply may result in the dismissal of the appeal without further notice, in accordance with Texas Rule of Appellate Procedure 42.3(c).
Settlement of Case and Procedural Requirementssubscribe to see similar legal issues
Application: After the appellant's counsel indicated that the case had settled, the court required a motion to dismiss the appeal to be filed, which had not been done by the order date.
Reasoning: The Clerk Pro Tempore contacted the appellant’s counsel, who indicated that the case had settled and that a motion to dismiss the appeal would be filed. As of the order date, no such motion had been submitted.