Narrative Opinion Summary
Gemini Electronics, Inc. successfully moved for reconsideration regarding the court's dismissal of its appeal due to the failure to file a brief. The counsel for Gemini claimed the absence of a received briefing schedule as the reason for not filing. The court clarified that, following a petition for review, a docketing notice is sent to all parties, which includes a directive that no separate briefing schedule will be issued. Although the counsel did not assert failure to receive the docketing notice, the court granted the motion to reinstate the appeal. The order includes the following points: 1) Gemini’s motion for reconsideration is granted; 2) The dismissal order from September 7, 2005, is vacated, the mandate is recalled, and the appeal is reinstated; 3) Gemini is granted an extension to file its brief, which is now due within 30 days of this order, and no further extensions will be permitted.
Legal Issues Addressed
Court's Issuance of Docketing Noticesubscribe to see similar legal issues
Application: The court clarified its procedure of sending a docketing notice that includes instructions about the absence of a separate briefing schedule, which was not contested by Gemini's counsel.
Reasoning: The court clarified that, following a petition for review, a docketing notice is sent to all parties, which includes a directive that no separate briefing schedule will be issued.
Dismissal of Appeal Due to Procedural Issuessubscribe to see similar legal issues
Application: The court initially dismissed Gemini's appeal because the company failed to file a brief, purportedly due to not receiving the briefing schedule.
Reasoning: The court's dismissal of its appeal due to the failure to file a brief.
Extension for Filing Briefsubscribe to see similar legal issues
Application: Gemini is granted a 30-day extension to file its brief following the reinstatement of its appeal, with the stipulation that no further extensions will be allowed.
Reasoning: Gemini is granted an extension to file its brief, which is now due within 30 days of this order, and no further extensions will be permitted.
Motion for Reconsiderationsubscribe to see similar legal issues
Application: Gemini Electronics, Inc. successfully argued for reconsideration based on the claim that they did not receive a briefing schedule, leading to the reinstatement of their appeal.
Reasoning: Gemini Electronics, Inc. successfully moved for reconsideration regarding the court's dismissal of its appeal due to the failure to file a brief.
Reinstatement of Appealsubscribe to see similar legal issues
Application: The court reinstated Gemini's appeal, vacating the previous dismissal order and recalling the mandate, allowing Gemini to proceed with its appeal.
Reasoning: The dismissal order from September 7, 2005, is vacated, the mandate is recalled, and the appeal is reinstated.