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Pamella Joiner v. the Weitzman Group, Inc.

Citation: Not availableDocket: 05-22-00354-CV

Court: Court of Appeals of Texas; October 7, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

An order was issued on October 7, 2022, by the Court of Appeals Fifth District of Texas regarding the case Pamella Joiner v. The Weitzman Group, Inc. The appellant, Pamella Joiner, filed an unopposed fourth motion for an extension of time to submit her brief on the merits. She requested an additional fourteen days after the filing of a supplemental clerk’s record that she had requested on October 3. The court granted this motion, ordering the Dallas County District Clerk, Felicia Pitre, to file the supplemental clerk’s record by October 14. Consequently, Pamella Joiner is required to file her brief by October 28. The order clarifies that although this is termed a fourth extension motion, the timeline for filing the brief had not yet commenced due to an incomplete record.

Legal Issues Addressed

Court Authority to Order Record Filing

Application: The court exercised its authority to order the district clerk to file the necessary supplemental record by a specific deadline, ensuring the appellant could proceed with her brief submission.

Reasoning: The court granted this motion, ordering the Dallas County District Clerk, Felicia Pitre, to file the supplemental clerk’s record by October 14.

Extension of Time for Filing Briefs

Application: The court granted an extension of time for the appellant to file her brief, indicating that despite multiple extensions, the timeline for filing had not started because the record was incomplete.

Reasoning: The appellant, Pamella Joiner, filed an unopposed fourth motion for an extension of time to submit her brief on the merits.

Impact of Incomplete Record on Filing Deadlines

Application: The court recognized that the filing deadline for the appellant's brief had not started due to the absence of a complete record, justifying the extension.

Reasoning: The order clarifies that although this is termed a fourth extension motion, the timeline for filing the brief had not yet commenced due to an incomplete record.