Officer Endsley, Individually and Acting in His Official Capacity as Deputy Sheriff v. David Krutilek, Individually and as Representative of the Estate of Natasha Revet Krutilek--Appeal from 123rd District Court of Panola County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00003-CV

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OFFICER ENDSLEY, INDIVIDUALLY AND

ACTING IN HIS OFFICIAL CAPACITY AS

DEPUTY SHERIFF, Appellant

V.

DAVID KRUTILEK, INDIVIDUALLY AND AS

REPRESENTATIVE OF THE ESTATE OF

NATASHA REVET KRUTILEK, Appellee

On Appeal from the 123rd Judicial District Court

Panola County, Texas

Trial Court No. 2003-038-A

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Officer Stephen Endsley has appealed from the denial of his motions for summary judgment based on claims of official immunity. The record was filed January 27, 2006, and the appellant filed his brief March 8, 2006. After two extensions, the appellee's brief was due May 8, 2006. Our Clerk's office has attempted to contact counsel on several occasions. We have been informed by staff for counsel in both offices that the matter has been finally settled, and staff at the appellant's office informed us over ten days ago that a motion to dismiss would be promptly filed. No such motion has been filed, and our subsequent efforts to contact counsel have been without result, as counsel has failed to return our telephone calls or to otherwise contact this Court.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: June 12, 2006

Date Submitted: June 13, 2006