Narrative Opinion Summary
Appellant Rolando Antonio's appeal against Paskin-5769 Beltline LLC, operating as Fairways at Prestonwood, has been dismissed by the Court of Appeals, Fifth District of Texas at Dallas. The dismissal follows the appellant's failure to submit a required brief by the court-imposed deadline of October 9, 2023. Despite a reminder sent on October 11, 2023, the appellant did not file the brief or communicate with the Court regarding the appeal's status. The dismissal is in accordance with Texas Rules of Appellate Procedure, specifically rules 38.8(a)(1) and 42.3(b) and (c). The judgment of dismissal was entered on November 14, 2023, with Justices Molberg, Reichek, and Smith participating in the decision.
Legal Issues Addressed
Application of Texas Rules of Appellate Procedure 38.8(a)(1)subscribe to see similar legal issues
Application: The court applied this rule to dismiss the appeal due to non-compliance with briefing requirements.
Reasoning: The dismissal is in accordance with Texas Rules of Appellate Procedure, specifically rules 38.8(a)(1) and 42.3(b) and (c).
Application of Texas Rules of Appellate Procedure 42.3(b) and (c)subscribe to see similar legal issues
Application: These rules were invoked to justify the dismissal of the appeal based on the appellant's inaction and lack of communication.
Reasoning: Despite a reminder sent on October 11, 2023, the appellant did not file the brief or communicate with the Court regarding the appeal's status.
Dismissal for Failure to File Briefsubscribe to see similar legal issues
Application: The appellant's failure to submit a required brief by the designated deadline led to the dismissal of the appeal in accordance with procedural rules.
Reasoning: The dismissal follows the appellant's failure to submit a required brief by the court-imposed deadline of October 9, 2023.