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Russell Erxleben v. John Gilmore, Wayne McMichael and James H. Foster

Citation: Not availableDocket: 03-98-00565-CV

Court: Court of Appeals of Texas; December 2, 1998; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Russell Erxleben filed a motion to dismiss his appeal concerning a temporary injunction issued by the trial court on September 30, 1998. The Texas Court of Appeals, Third District, at Austin, granted this motion and dismissed the appeal, referencing Texas Rule of Appellate Procedure 42.1(2). The decision was made per curiam by Chief Justice Aboussie and Justices Jones and B. A. Smith, with the order filed on December 3, 1998. The document is marked "Do Not Publish," indicating that it is not intended for publication in the official reports.

Legal Issues Addressed

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(2)

Application: The appellant filed a motion to dismiss his appeal, which the court granted pursuant to Texas Rule of Appellate Procedure 42.1(2).

Reasoning: The Texas Court of Appeals, Third District, at Austin, granted this motion and dismissed the appeal, referencing Texas Rule of Appellate Procedure 42.1(2).

Non-Publication of Judicial Opinions

Application: The document is marked as not intended for publication, indicating it will not appear in official reports.

Reasoning: The document is marked 'Do Not Publish,' indicating that it is not intended for publication in the official reports.

Per Curiam Decision

Application: The decision to dismiss the appeal was made per curiam by the panel of justices.

Reasoning: The decision was made per curiam by Chief Justice Aboussie and Justices Jones and B. A. Smith, with the order filed on December 3, 1998.