Narrative Opinion Summary
On November 23, 2022, the Court of Appeals for the Fifth District of Texas at Dallas issued an order concerning Weir Brothers Contracting, LLC (Appellant) and Tri-Star Construction, Inc. et al. (Appellees) in appeal No. 05-22-00612-CV, stemming from the 162nd Judicial District Court of Dallas County, Texas (Trial Court Cause No. DC-19-02648). The Court addressed two motions filed by the Appellant: a motion to dismiss the appeal submitted on November 18, 2022, and a subsequent motion on November 22, 2022, to withdraw the dismissal motion and request an extension for filing its brief. The Court granted the motion filed on November 22, thereby withdrawing the dismissal motion and extending the deadline for the Appellant’s opening brief to January 3, 2023, noting that the Court would be closed on January 2, 2023, in observance of New Year’s Day.
Legal Issues Addressed
Court Closure Consideration in Filing Deadlinessubscribe to see similar legal issues
Application: The Court took into account its closure on a public holiday when setting the new deadline for the appellant’s brief.
Reasoning: The Court granted the motion filed on November 22, thereby withdrawing the dismissal motion and extending the deadline for the Appellant’s opening brief to January 3, 2023, noting that the Court would be closed on January 2, 2023, in observance of New Year’s Day.
Motion to Dismiss Appealsubscribe to see similar legal issues
Application: The appellant initially filed a motion to dismiss the appeal but later sought to withdraw it.
Reasoning: The Court addressed two motions filed by the Appellant: a motion to dismiss the appeal submitted on November 18, 2022.
Motion to Withdraw Dismissal and Extend Brief Deadlinesubscribe to see similar legal issues
Application: The appellant filed a motion to withdraw the dismissal motion and requested an extension for filing its brief, which was granted by the Court.
Reasoning: The Court granted the motion filed on November 22, thereby withdrawing the dismissal motion and extending the deadline for the Appellant’s opening brief to January 3, 2023.