Apparajan Ganesan v. Becky Tibbs, Cody Ginsel, Cynthia Woods, Jason Manuel, Jose Garcia--Appeal from 12th District Court of Walker County
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IN THE
TENTH COURT OF APPEALS
No. 10-07-00158-CV
APPARAJAN GANESAN,
Appellant
v.
BECKY TIBBS, CODY GINSEL, CYNTHIA
WOODS, JASON MANUEL, JOSE GARCIA,
Appellees
From the 12th District Court
Walker County, Texas
Trial Court No. 23300
ORDER
This order is in response to your telephone calls and correspondence after your
appeal was dismissed.
The letter you have referenced in those calls and
correspondence, dated October 15, 2008, was received by the Court on November 6,
2008. The October letter does not have an effect on your dismissal. Your appeal was
dismissed because you failed to comply with an order from the Court and from the
Clerk. Although the Court does not normally provide this to a party, a history of your
non-compliance is detailed below.
In a motion filed by you last year, the Court learned that you were expected to be
released from prison on November 12, 2008. The Court decided to abate the appeal
until 60 days after your release date, that being, January 12, 2009, so that you had the
chance to get organized after your release before continuing with this appeal. The
Court told you that unless we were informed of a different release date, we would
automatically reinstate the appeal on January 12, 2009. The Court was not informed of
a different release date, and the appeal was reinstated.
Pursuant to the abatement order, you were ordered to provide to this Court by
February 2, 2009 and serve on all parties to this proceeding notice of your address for
receiving notices and service of documents related to this proceeding. The letter dated
October 15, 2008 was not considered by the Court as the notice required by the
abatement order, primarily because it was received by the Court prior to your release
from prison and because the Court was not informed that this address was the address
for receiving notice and service of documents related to your appeal. You were also
ordered to inform the Court by February 2, 2009 what motions on file needed to be
resolved and what other issues needed to be addressed prior to the start of the briefing
schedule. You did not comply with the order.
Instead of complying with the abatement order, you filed a “Request to extend
time limits.” In the request, you gave no reason why you could not provide an address
for receiving notices and service of documents.
An address was included in the
signature block and proof of service of the request, but you did not state that this was
the address for receiving notices and service of documents.
Ganesan v. Tibbs
Further, you did not
Page 2
reference the letter dated October 15, 2008 or state that the letter would serve as your
notice in compliance with the abatement order.
It also appeared from your motion that you could not inform the Court what
motions on file needed to be resolved and what other issues needed to be addressed
because you had no driver’s license and could not go to the law library or meet with
counsel. In ruling on your request, the Court noted that, according to the Court’s
records, you were not represented by counsel in this appeal. Further, the Court found
that your other reasons for not complying with the Court’s order were unacceptable.
Your request was denied.
In that denial, the Court ordered you to do two things. First, you were ordered
to:
[o]n or before April 21, 2009, … provide to this Court and serve on all
parties to this proceeding notice of his address for receiving notices and
service of documents related to this proceeding. If appellant fails to
provide the address as ordered herein, this proceeding may be dismissed
without further notice. See TEX. R. APP. P. 42.3(c).
Second, you were ordered to
[o]n or before April 21, 2009, … inform the Court what motions on file
need to be resolved and what other issues need to be addressed prior to
the start of the briefing schedule. If appellant does not inform the Court as
to what motions or issues need to be resolved or addressed, appellant’s
brief will be due May 5, 2009.
You did not fully comply with either of these directives.
Instead, you presented a Motion to Correct the Court Records. In the motion,
you complained about missing exhibits, a 2-3 hour break that was not recorded by the
court reporter, and the “completely random” manner in which the clerk’s record was
assembled. You provided no notice of your address for receiving notices and service of
Ganesan v. Tibbs
Page 3
documents related to this proceeding. Again, an address was included in the signature
block, but you did not state that this was the address for receiving notices and service of
documents. Again, you did not reference the letter dated October 15, 2008 or state that
the letter would serve as your notice in compliance with the abatement order.
Additionally, you did not inform the Court what motions currently on file needed to be
resolved.
You did not comply with the Court’s and the Clerk’s orders. TEX. R. APP. P.
42.3(c). For these reasons, your appeal was dismissed.
The Court extended to you more opportunities to cure procedural irregularities
than it does to most litigants. Your numerous and frequent departures from the rules
consumed an excessive amount of the Court’s resources. At some point, your failure to
comply with the rules and orders of the Court can be construed as a willful departure
and an indication that your claim lacks merit. But the Court, nonetheless, continued to
try to work with you until you failed to respond as described herein. Your appeal has
not been reinstated and the Court has found no reason or basis to do so during its
plenary power.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Order issued and filed May 27, 2009
Ganesan v. Tibbs
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