Narrative Opinion Summary
The Fourth Court of Appeals in San Antonio, Texas, issued a memorandum opinion dismissing the appeal of Patrick Minor against Diverse Facility Solutions due to lack of prosecution. The appellant's brief was due on February 16, 2023, but was neither filed nor requested for extension. Following a court order on February 27, 2023, requiring the appellant to file the brief and show cause by March 14, 2023, the appellant failed to respond or submit any documents. Consequently, the appeal was dismissed based on Texas Rules of Appellate Procedure sections 38.8(a) and 42.3(b). The decision was delivered and filed on April 19, 2023, by a per curiam opinion.
Legal Issues Addressed
Appellant's Failure to Comply with Briefing Deadlinessubscribe to see similar legal issues
Application: The appellant missed the February 16, 2023, deadline to file the brief and did not respond to the court's subsequent order to show cause and file the brief by March 14, 2023.
Reasoning: The appellant's brief was due on February 16, 2023, but was neither filed nor requested for extension.
Application of Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The appeal was dismissed under sections 38.8(a) and 42.3(b) of the Texas Rules of Appellate Procedure due to the appellant's failure to prosecute the appeal.
Reasoning: Consequently, the appeal was dismissed based on Texas Rules of Appellate Procedure sections 38.8(a) and 42.3(b).
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The court dismissed the appeal because the appellant failed to file the necessary brief and did not request an extension, indicating a lack of prosecution.
Reasoning: The Fourth Court of Appeals in San Antonio, Texas, issued a memorandum opinion dismissing the appeal of Patrick Minor against Diverse Facility Solutions due to lack of prosecution.