Thomas T. Headen III v. Abundant Life Therapeutic Services Texas, LLC

Opinion

Order entered September 9, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00293-CV

THOMAS T. HEADEN III, Appellant

V.

ABUNDANT LIFE THERAPEUTIC SERVICES TEXAS, LLC, ET AL., Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-15576

ORDER

This is an appeal from the trial court’s final judgment dismissing appellant’s

claims against appellees and awarding appellees attorney’s fees and costs. Before

the Court is appellee Abundant Life Therapeutic Services Texas, LLC’s motion to

dismiss the appeal based on appellant’s alleged failure to comply with the trial

court’s post-judgment discovery order. Abundant Life asks in the alternative that

the Court issue notice that the appeal will be dismissed unless appellant complies

with the trial court’s post-judgment order within ten days. Abundant Life moves to dismiss or issue notice of intent to dismiss under Texas Rule of Appellate

Procedure 42.3(c), a discretionary rule. See TEX. R. APP. P. 42.3(c) (providing that

appellate court may dismiss appeal based on appellant’s failure to comply with

court order). We DENY the motion.

On the Court’s own motion, we RESET the deadline for the filing of

appellant’s brief to October 3, 2022.

/s/ BONNIE LEE GOLDSTEIN JUSTICE