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Michael Parker v. Billie Buckingham

Citation: Not availableDocket: 05-22-00895-CV

Court: Court of Appeals of Texas; February 9, 2023; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Michael Parker's appeal against Billie Buckingham has been dismissed due to his failure to submit the necessary brief within the stipulated deadlines. After the appellant did not respond to inquiries concerning the reporter's record, the Court ordered that his brief be filed by January 5, 2023. Following a notification on January 20, 2023, about the overdue brief and a warning that non-compliance would lead to dismissal, the appellant still did not file the brief or communicate with the Court. Consequently, the appeal was dismissed in accordance with Texas Rules of Appellate Procedure, specifically rules 38.8(a)(1) and 42.3(b), (c). The judgment was entered on February 10, 2023, with Justices Molberg, Pedersen III, and Miskel participating in the decision.

Legal Issues Addressed

Application of Texas Rules of Appellate Procedure

Application: The appeal was dismissed in accordance with the Texas Rules of Appellate Procedure, specifically rules 38.8(a)(1) and 42.3(b), (c), which govern dismissals for failure to prosecute and comply with court orders.

Reasoning: Consequently, the appeal was dismissed in accordance with Texas Rules of Appellate Procedure, specifically rules 38.8(a)(1) and 42.3(b), (c).

Dismissal of Appeal for Failure to File Brief

Application: The appeal was dismissed due to the appellant's failure to file the necessary brief within the specified deadlines, despite receiving a notification and warning regarding the overdue brief.

Reasoning: Appellant Michael Parker's appeal against Billie Buckingham has been dismissed due to his failure to submit the necessary brief within the stipulated deadlines.

Procedure for Non-Compliance with Filing Deadlines

Application: The Court followed procedural rules by issuing a notification about the overdue brief and warning the appellant of potential dismissal if he failed to comply.

Reasoning: Following a notification on January 20, 2023, about the overdue brief and a warning that non-compliance would lead to dismissal, the appellant still did not file the brief or communicate with the Court.