Damion Ellis, Individually and as Personal Representative of the Estate of Kayon Anthony Ellis, Deceased v. Linda Delwood, M.D., South Texas Dental Associates, Inc., D/B/A South Texas Dental Clinic, Brandon Dahl, DDS, Russell Takashi Choy, DDS, and Park Cental Surgical Center, Ltd.

Summary

The Fifth District Court of Appeals of Texas dismissed the accelerated appeal because the appellant failed to file an overdue brief or an extension motion after being warned that the appeal could be dismissed. The court ordered the appellees to recover their appellate costs from the appellant.

Holdings

1. An accelerated appeal may be dismissed when the appellant fails to file an overdue brief or an extension motion after the court provides notice of the delinquency and warns that the appeal will be dismissed without further notice.

Questions Presented

1. Whether the court should dismiss an accelerated appeal when the appellant fails to file an overdue brief or an extension motion after receiving notice and a warning of dismissal.

Disposition

dismissed