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Bell, Kesha v. James B. Nutter & Co.

Citation: Not availableDocket: 05-12-00865-CV

Court: Court of Appeals of Texas; November 1, 2012; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Keisha Bell filed a notice of appeal on June 22, 2012, against James B. Nutter Co. The appellee moved to dismiss the appeal for mootness and lack of prosecution on September 25, 2012. The Court ordered Bell to file her brief or respond to the motion by October 9, 2012, but she failed to do so. Consequently, the Court granted the motion to dismiss and dismissed the appeal. The judgment was entered on November 1, 2012, ordering the appellee to recover its costs from the appellant. The decision was delivered per curiam by Justices O’Neill, FitzGerald, and Lang-Miers.

Legal Issues Addressed

Lack of Prosecution in Appeal

Application: The appeal was dismissed due to the appellant's failure to prosecute, as she did not file her brief or respond to the motion by the court-imposed deadline.

Reasoning: The Court ordered Bell to file her brief or respond to the motion by October 9, 2012, but she failed to do so.

Mootness in Appeal Proceedings

Application: The court dismissed the appeal on grounds of mootness, indicating that the issues at hand were no longer live or had been resolved, rendering the appeal irrelevant.

Reasoning: The appellee moved to dismiss the appeal for mootness and lack of prosecution on September 25, 2012.

Per Curiam Decision

Application: The decision to dismiss the appeal was issued per curiam, indicating it was delivered by the court collectively without a single judge authoring the opinion.

Reasoning: The decision was delivered per curiam by Justices O’Neill, FitzGerald, and Lang-Miers.

Recovery of Costs by Appellee

Application: The court ordered the appellant to cover the appellee's costs following the dismissal of the appeal.

Reasoning: The judgment was entered on November 1, 2012, ordering the appellee to recover its costs from the appellant.