Shelton R. Modelist v. Joseph Dixon and Wanda Dixon, Jointly and Severally and d/b/a Dixon Concrete Contractors

No. 14-11-01036-CV · Fourteenth Court of Appeals of Texas · January 13, 2012 · No. No. 14-11-01036-CV

Summary

The Fourteenth Court of Appeals addresses whether a reporter’s record is necessary in an appeal from a summary judgment. The court explains that summary judgment proceedings are decided on written materials and orders the appellant’s brief to be filed by February 13, 2012.

Holdings

  1. A reporter's record is not required in a summary judgment appeal because summary judgment motions are decided on the written pleadings, affidavits, and discovery on file, unless the appellant establishes that the reporter's record is necessary to the appeal.

Questions Presented

  1. Whether a reporter's record was required in an appeal from a summary judgment proceeding.
  2. What deadline should govern appellant's filing of the appellate brief.

Disposition

other

Cases Cited (2)

  • McConnell v. Southside I.S.D., 858 S.W.2d 337, 343 n.7 (Tex. 1993)(followed)
  • Rios v. Northwestern Steel & Wire Co., 974 S.W.2d 932, 936 (Tex. App.—Houston [14th Dist.] 1998, no pet.)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…