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Jimmy Gable and Herbert Gibbs v. Home State County Mutual Insurance Company & Safeco Insurance

Citation: Not availableDocket: 01-11-01098-CV

Court: Court of Appeals of Texas; March 7, 2012; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the First District of Texas issued an opinion on March 8, 2012, regarding the appeal of Jimmy Gable and Herbert Gibbs against Home State County Mutual Insurance Company and Safeco Insurance. The court determined that the appellants failed to establish indigence or pay the requisite fees for their appeal, as mandated by Texas Rules of Appellate Procedure and relevant statutes. After notification of potential dismissal, the appellants did not provide a sufficient response. Consequently, the court dismissed the appeal due to nonpayment of the required fees and deemed any pending motions moot. The decision was made by a panel consisting of Justices Jennings, Massengale, and Huddle.

Legal Issues Addressed

Dismissal for Nonpayment of Fees

Application: The Court of Appeals dismissed the appeal because the appellants did not pay the requisite fees or establish indigence, as required by the Texas Rules of Appellate Procedure.

Reasoning: The court determined that the appellants failed to establish indigence or pay the requisite fees for their appeal, as mandated by Texas Rules of Appellate Procedure and relevant statutes.

Effect of Mootness on Pending Motions

Application: Any motions pending before the court were rendered moot following the dismissal of the appeal.

Reasoning: Consequently, the court dismissed the appeal due to nonpayment of the required fees and deemed any pending motions moot.

Notification and Response Requirement

Application: Appellants were notified of the potential dismissal due to nonpayment, but they failed to provide an adequate response, leading to the dismissal of the appeal.

Reasoning: After notification of potential dismissal, the appellants did not provide a sufficient response.