· 6/13/2024
David Wayne Mitchell v. the State of Texas
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding notice was insufficient to preserve third issue for appeal because the plaintiffs stated only two issues for appeal in their notice, and the third issue was not sufficient to dismiss the plaintiffs' entire claim
- notes Rule 3 is jurisdictional, but proceeds to quote Von Ramm and considers whether intent to appeal could be “fairly inferred” or if the party accomplished the “functional equivalent”
- while appeal will not be dismissed if intent to appeal from order is fairly inferred from the notice of appeal, where notice of appeal only specified appeal of entry of summary judgment it could not be fairly inferred to appeal denial motion to file supplemental pleading
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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