No. 22-1188

Douglas K. Smith v. Eric Terry

Lower Court: Fifth Circuit
Docketed: 2023-06-08
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion appellant-brief appellate-procedure bankruptcy circuit-court civil-procedure dismissal-of-appeal extension-of-time judicial-discretion procedural-dismissal
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the Circuit Court's March 8, 2023 denial of a second motion for thirty-day extension of time to file appellant brief, and resultant dismissal of appeal, was abuse of discretion

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Circuit Court’s March 8, 2023 denial of a second motion for thirty-day extension of time to file appellant brief, and resultant dismissal of appeal, was abuse of discretion. ii LIST OF PROCEEDINGS United States Court of Appeals for the Fifth Circuit No. 22-50764 In the Matter of Salubrio, L.L.C., Debtor, Douglas K. Smith, MD, Appellant, v. Eric Terry, Appellee Date of Final Opinion: March 8, 2023 United States District Court for the Western District of Texas San Antonio Division No. SA-21-CV-0476-JKP In Re: Salubrio, L.L.C., Debtor, Douglas K. Smith, MD, Appellant, v. Eric Terry, Appellee Date of Final Judgment: August 5, 2022 United States Bankruptcy Court for the Western District of Texas San Antonio Division No. 20-05067 In Re: Salubrio, L.L.C., Debtor, Douglas K. Smith, MD, Plaintiff, v. Eric Terry, Defendants Date of Final Judgment: December 1, 2020

Docket Entries

2023-10-02
Petition DENIED.
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-06-29
Waiver of right of respondent Eric Terry, Trustee to respond filed.
2023-06-05

Attorneys

Douglas K. Smith
Steven H. JesserAttorney at Law, P.C, Petitioner
Eric Terry, Trustee
Misty Ann SeguraSpencer Frane, LLP, Respondent