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Andromeda Jones-Gilder v. Dequayan Keith Gilder

Citation: Not availableDocket: 05-22-00517-CV

Court: Court of Appeals of Texas; October 3, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Andromeda Jones-Gilder's brief was overdue in the appeal against Dequayan Keith Gilder, filed in the Court of Appeals Fifth District of Texas at Dallas. On August 31, 2022, the court notified the appellant of the overdue brief and warned that failure to file within ten days could lead to dismissal of the appeal. On September 21, 2022, attorney Frank Adler informed the court of his representation of the appellant. The court, on its own motion, extended the deadline for filing the brief to October 21, 2022, reiterating that failure to comply may result in dismissal without further notice, as per Texas Rules of Appellate Procedure. The order was signed by Chief Justice Robert D. Burns, III.

Legal Issues Addressed

Attorney Representation Notification

Application: An attorney must inform the court when they begin representing an appellant, which may affect the court's management of the case deadlines.

Reasoning: On September 21, 2022, attorney Frank Adler informed the court of his representation of the appellant.

Dismissal of Appeal for Failure to File Brief

Application: The court has the authority to dismiss an appeal if the appellant fails to file a brief within the given timeframe, as outlined in the Texas Rules of Appellate Procedure.

Reasoning: On August 31, 2022, the court notified the appellant of the overdue brief and warned that failure to file within ten days could lead to dismissal of the appeal.

Extension of Filing Deadlines by Court

Application: The court can, on its own motion, extend the deadline for filing a brief, providing the appellant with additional time to comply with procedural requirements.

Reasoning: The court, on its own motion, extended the deadline for filing the brief to October 21, 2022, reiterating that failure to comply may result in dismissal without further notice, as per Texas Rules of Appellate Procedure.