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When Appellees Don’t File a Brief

By Byron Henry on November 24, 2008
Posted in Opinions & Judgments

The Amarillo Court of Appeals recently confronted an issue not addressed by the appellate rules.  While Rule 38.8(a) applies in the event the appellant fails to file a brief, the rules are silent with respect to an appellee’s failure to do so.  The Court weighed its options:

Appellees’  failure to file a brief leaves this

…

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Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section…

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