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Rule 415. Briefs: Dismissal for Failure to File

TEXT

When the appellant has failed to file his brief in the time prescribed, the appellate court may dismiss the appeal for want of prosecution, unless good cause is shown for such failure and that appellee has not suffered material injury thereby. The court, may, however, decline to dismiss the appeal, whereupon it shall give such direction to the cause as it may deem proper.

Source: Texas Rule 38 (for Courts of Civil Appeals), rewritten.

Change: Reference to filing of assignments in trial court eliminated.

Oct. 29, 1940, eff. Sept. 1, 1941.

AMENDMENTS

June 10, 1980, eff. Jan. 1, 1981

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into Rule 414.