In Re: Estate of Emogene Bedingfield Davis, Deceased--Appeal from County Court at Law of Bowie County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00012-CV
______________________________
IN RE: ESTATE OF
EMOGENE BEDINGFIELD DAVIS, DECEASED
On Appeal from the County Court at Law
Bowie County, Texas
Trial Court No. 01-C-1314-CCL
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

In this appeal, we contacted John Stuckey, the executor of the estate, and warned him that, if he did not file a record in connection with the appeal, we would dismiss the appeal for want of prosecution. At the time Stuckey tendered a notice of appeal in this case, there was already an appeal pending from an interlocutory order denying his special appearance (cause number 06-06-00086-CV), and Stuckey simultaneously filed a document asking this Court to enter a writ of prohibition (cause number 06-07-00013-CV).

We issued an opinion dated February 15, 2007, denying Stuckey's petition for writ of prohibition. On February 27, 2007, we issued an opinion on his interlocutory appeal from the special appearance. In this case, Stuckey's notice of appeal specified he was appealing from the final judgment in the probate proceeding, which was (according to his notice) signed January 8, 2007.

If that appeal was to be pursued, the record was due, at the latest, to be filed with this Court sixty days after the date of judgment, on or before March 9, 2007. The district clerk of Bowie County contacted Stuckey by letter dated February 5, 2007, as did this Court later, reminding Stuckey of his duty to obtain any record he desired for this appeal, without response.

Following our last letter to Stuckey, we have received a missive indicating he was unaware that he had any further appeals pending in this Court. Stuckey indicates, incorrectly, in his letter that we had designated all of the pleadings, rulings, and opinions related to the appeals as cause number 06-06-00086-CV. He further asks this Court what additional filings or payments he was required to make in respect to the proceedings, which he has specified as the opinion of this Court in cause number 06-06-00086-CV--but entered respectively on February 15 and 27, 2007.

Those are two separate opinions in two separate proceedings--the interlocutory appeal and the petition for writ of prohibition. Those are final in this Court, and Stuckey is now attempting to obtain review from the Texas Supreme Court on those opinions.

Based on Stuckey's explanation that he is not aware of any further matter pending in this Court and since he has not filed the record as required, it is apparent he has no interest in further pursuing his appeal in our cause number 06-07-00012-CV.

Accordingly, we dismiss the appeal for want of prosecution.

 

Jack Carter

Justice

 

Date Submitted: April 24, 2007

Date Decided: April 25, 2007