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New World Car Nissan, Inc., D/B/A World Car Hyundai, and New World Car Imports, San Antonio, Inc., D/B/A World Car Hyundai v. Hyundai Motor America and Texas Department of Motor Vehicles

Citation: Not availableDocket: 08-20-00147-CV

Court: Court of Appeals of Texas; October 6, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case before the Court of Appeals for the Eighth District of Texas, the appellants, New World Car Nissan, Inc., and New World Car Imports, are challenging Hyundai Motor America and the Texas Department of Motor Vehicles. Originally transferred from the 3rd Court of Appeals, the case involves a voluminous administrative record of 170,000 pages. The appellant's brief was submitted on November 20, 2020, with responses from the appellees filed in January 2021 and a reply from the appellants on March 1, 2021. Due to the complexity and size of the record, the court has abated the appeal for thirty-five days, mandating that parties amend their record citations to a specified format, including references to compact discs and volumes. The court has underscored the necessity for precise record citations to facilitate its review and processing. The court's order, issued on October 6, 2022, cautions that non-compliance by November 10, 2022, could lead to dismissal of the appeal without further notice. This procedural measure underscores the court's commitment to ensuring clarity and efficiency in handling extensive records in appellate reviews.

Legal Issues Addressed

Abatement of Appeal

Application: The court ordered a temporary halt to the proceedings to allow parties to correct citation formats in their briefs.

Reasoning: The Court of Appeals for the Eighth District of Texas has ordered an abatement of the appeal involving New World Car Nissan, Inc., and New World Car Imports against Hyundai Motor America and the Texas Department of Motor Vehicles for thirty-five days.

Citation Requirements for Administrative Records

Application: Parties are required to reform their record citations to a specific format for clarity, including references to compact discs and volumes.

Reasoning: The Court requires the parties to reform the record citations in their briefs to a specified format for clarity. The required citation format includes references to individual compact discs and specific volumes contained within them.

Consequences of Non-Compliance with Court Orders

Application: Failure to comply with the specified citation requirements by the deadline may result in dismissal of the appeal.

Reasoning: The Court emphasizes the importance of accurate record citations for its review process and warns that failure to comply by the end of the abatement period on November 10, 2022, may lead to dismissal of the appeal without further notice.