Michael Rodgers, Sr. v. Dr. Roderick L. Mitchell ( 2002 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-02-00093-CV ______________________________



MICHAEL RODGERS, SR., Appellant

V.

DR. RODERICK L. MITCHELL, Appellee

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On Appeal from the 76th Judicial District Court Morris County, Texas Trial Court No. 20,470

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Before Morriss, C.J., Grant and Ross, JJ. Opinion by Justice Ross

O P I N I O N

Michael Rodgers, Sr., has appealed from a take-nothing judgment in his lawsuit against Dr. Roderick L. Mitchell. On June 27, 2002, we affirmed the trial court's denial of his claim to be indigent and associated request for preparation of a free record in this case. His motion for rehearing has now been overruled.

This is the appeal from the underlying judgment. When we issued our opinion concerning his indigency, we also wrote to Rodgers and directed him to show this Court, within twenty days of the date of our letter, that he had requested preparation of the clerk's and reporter's records and that he was making a positive effort to proceed with the appeal. We warned him that, if he did not show this Court he was making such an effort, his appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3.

Sixty days have now elapsed since the date of our letter. Rodgers has not contacted this Court to show he has made any effort to proceed with this appeal.

The appeal is dismissed for want of prosecution.

Donald R. Ross

Justice

Date Submitted: August 29, 2002

Date Decided: August 30, 2002

Do Not Publish

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-08-00051-CV

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CARL MELETIO, RUSTY MOBLEY, JEFF SCHMITZ, JAMES YOUNG, BOBBY WHITE, RENEE HILL, JEFF MILFORD, JAMES HALE,

AND HILARIO PAULIN, Appellants

                                                                V.

             WILLIAM HENRY MYRE, WILLIAM DANIEL MYRE, AND

CRAIG DEVELOPMENT, INC., Appellees

                                       On Appeal from the 196th Judicial District Court

                                                              Hunt County, Texas

                                                            Trial Court No. 68,224

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

                                              Memorandum Opinion by Justice Carter

                                                      MEMORANDUM OPINION

            On this date, we issued an order lifting our abatement and reinstating this appeal on our docket.

            This appeal was brought from Hunt County, over which both the Texarkana and Dallas Courts of Appeals have jurisdiction.  Competing notices of appeals were filed in this Court and in the Dallas court.  The Dallas court issued an order determining that the notice of appeal filed there was the first appeal to be perfected; finding no authority to suggest the Dallas court’s conclusion was incorrect, we deferred to the ruling of that court.  On June 24, 2008, we abated this appeal until either the Texas Supreme Court ordered the appeal to proceed in this Court or until final disposition of cause number 05-08-00576-CV pending in the Fifth Court of Appeals.  Because the Dallas court has now issued its opinion in this matter and the Texas Supreme Court has denied the petition for review, all matters in controversy have been disposed of.

            We, therefore, dismiss the appeal.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          October 18, 2010

Date Decided:             October 19, 2010