In Re Brazil’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On May 6, 1981, the Supreme Court refused an application for writ of error in Briscoe v. Gulf Supply Co., Inc., 612 S.W.2d 88 (Tex.Civ.App.—Fort Worth 1981, writ ref’d n. r. e.), which contains the statement at page 90 that: We would be without authority to treat a transcript as a proper part of the appellate record for purposes of disposition of the appeal on its merits when the appellant had neither “timely filed” it, by Rule 386, nor within the 15 days after that last day it might have been “timely filed,” filed a motion to have extended the time within which it might be authorized to be filed by the provisions of Rule 21c. Since the quoted language controlled the disposition of the case in Briscoe , we conclude that the Supreme Court’s notation of “no reversible error” means that the language in Tex.R.Civ.P. 386 (which provides that a late filing does not deprive the appellate court of jurisdiction) is limited by the language contained in Tex.R.Civ.P. 21c which requires that motions for extensions of time must be filed “within 15 days of the last date for filing as prescribed by the applicable rule or rules.” To hold otherwise would permit an appellant to perfect an appeal subject only to the discretion of the appellate court, without any time limitations on the filing of the transcript and statement of facts. Rule 21c not only has a time limitation, but it also requires a motion “reasonably explaining the need” for an extension of time.”

   1 later decision quote this exact passage
   e.g. BD Click Co., Inc. v. Safari Drilling Corp.

2. “[fjailure to file ... the transcript . .. shall not affect the jurisdiction of the court or its authority to consider material filed late, but shall be ground for dismissing the appeal, affirming the judgment appealed from, disregarding materials filed late, or applying presumptions against the appellant, either on motion or on the court’s own motion, as the court shall determine.”

   1 later decision quote this exact passage
   e.g. Exposition Apartments Co. v. Barba