larry-likover-md-v-allstate-insurance-company-allstate-indemnity ( 2011 )

Dismissed and Memorandum Opinion filed April 7, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-01147-CV

____________

LARRY LIKOVER, M.D., Appellant

V.

ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE COUNTY MUTUAL INSURANCE COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Appellees

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2009-81354

MEMORANDUM OPINION

            This is an interlocutory appeal from an order denying appellant’s motion to dismiss signed November 5, 2010.  On January 7, 2011, appellants in a related appeal docketed under number 14-10-01148-CV filed an unopposed motion to consolidate that appeal with the appeals filed under our numbers 14-10-01126-CV and 14-10-01147-CV.  The court granted the motion and ordered the appeals consolidated.  Appellants’ briefs in the consolidated appeals were due January 31, 2011.  Appellants in appeal numbers 14-10-1126-CV and 14-10-01148-CV each filed a brief on January 31, 2011.  No brief was filed on behalf of appellant, Larry Likover, M.D. 

            Accordingly, on February 24, 2011, this court issued an order stating that unless appellant Larry Likover, M.D. filed a brief, together with a motion reasonably explaining why the brief was late, on or before March 28, 2011, the court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellant filed no response. 

            Accordingly, this appeal in number 14-10-01147-CV is ordered severed from the appeals in 14-10-01126-CV and 14-10-01148-CV and DISMISSED. The appeals docketed under numbers 14-10-1126-CV and 14-10-01148-CV remain pending before this court.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.