Narrative Opinion Summary
Appellant Lawrence S. Griffith, Trustee of the McDonald Family Trust, is involved in an appeal against Reeco Well Servicing, Inc. and Randy Foster, the Independent Administrator of the Estate of Ralph Erwin. The case originates from the 143rd District Court of Reeves County, Texas, under cause number 02-09-17443-CVR. The Appellant did not file a brief or request an extension for filing. Consequently, the court notified the parties on June 10, 2004, of its intention to dismiss the appeal due to lack of prosecution, allowing ten days for any party to demonstrate grounds for continuing the appeal. No responses were received, leading to the dismissal of the appeal as per Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b). The dismissal was formalized by Justice Susan Larsen on July 15, 2004, with the decision rendered by a panel consisting of Justices Larsen, McClure, and Chew.
Legal Issues Addressed
Dismissal for Lack of Prosecution under Texas Rules of Appellate Procedure 38.8(a)(1)subscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to file a brief or request an extension, which constitutes a lack of prosecution.
Reasoning: The Appellant did not file a brief or request an extension for filing.
Judicial Authority to Dismiss under Texas Rules of Appellate Procedure 42.3(b)subscribe to see similar legal issues
Application: The panel of justices exercised their authority to dismiss the appeal after no grounds for continuation were presented by the parties.
Reasoning: No responses were received, leading to the dismissal of the appeal as per Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b).
Notification Requirement for Intent to Dismiss under Texas Rules of Appellate Procedure 42.3(b)subscribe to see similar legal issues
Application: The court informed the parties of its intention to dismiss the appeal and provided a ten-day period to demonstrate grounds for continuing the appeal, but no responses were received.
Reasoning: The court notified the parties on June 10, 2004, of its intention to dismiss the appeal due to lack of prosecution, allowing ten days for any party to demonstrate grounds for continuing the appeal.