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Cora Phoenix Pimpleton, Individually, as Heir of Herbert Pimpleton and on Behalf of the Estate of Herbert Pimpleton v. 3M F/K/A Minnesota Mining & Manufacturing Company Mine Safety Appliances Company Alamo Iron Works, Inc. Dalloz Safety, Inc. F/K/A WGM Safety Corporation D/B/A Wilson Safety Products

Citation: Not availableDocket: 03-03-00231-CV

Court: Court of Appeals of Texas; September 11, 2003; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Cora Phoenix Pimpleton, both individually and as an heir of Herbert Pimpleton, filed an appeal against several companies, including 3M and Alamo Iron Works, in the Texas Court of Appeals. The appeal stemmed from a case in the 201st Judicial District of Travis County, presided over by Judge Lora J. Livingston. Pimpleton subsequently filed a motion to dismiss the appeal, which the court granted. The appeal was officially dismissed on September 11, 2003, under Texas Rule of Appellate Procedure 42.1(a)(1). Chief Justice W. Kenneth Law, along with Justices B. A. Smith and Patterson, were involved in the decision.

Legal Issues Addressed

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)

Application: The court granted the appellant's motion to dismiss the appeal based on the procedural rule that allows for such dismissal upon the appellant's request.

Reasoning: Pimpleton subsequently filed a motion to dismiss the appeal, which the court granted. The appeal was officially dismissed on September 11, 2003, under Texas Rule of Appellate Procedure 42.1(a)(1).

Judicial Authority in Granting Motions to Dismiss

Application: The judges, including Chief Justice W. Kenneth Law, exercised their authority to dismiss the appeal following the appellant's motion to dismiss.

Reasoning: Chief Justice W. Kenneth Law, along with Justices B. A. Smith and Patterson, were involved in the decision.