American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc.

Court of Appeals of Texas

American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc.

DecidedDecember 11, 2014

Docket12-14-00134-CV

StatusPublished

This text of American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc. (American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc., (Tex. Ct. App. 2014).

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Opinion

NO. 12-14-00134-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AMERICAN IDOL, GENERAL, LP § APPEAL FROM THE 188TH D/B/A THE REO, AND RANDY HANSON A/K/A RANDALL HANSON, APPELLANTS § JUDICIAL DISTRICT COURT V.

PITHER PLUMBING CO., INC., APPELLEE § GREGG COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellants, American Idol, General, LP d/b/a The REO, and Randy Hanson a/k/a Randall Hanson, perfected their appeal on May 21, 2014. The reporter’s record was filed on September 8, 2014. After the granting of extensions, Appellants’ brief was due on or before November 21, 2014. Appellants did not file their brief on November 21, 2014. Consequently, this court notified Appellants that their appeal might be dismissed for want of prosecution unless they filed a motion for extension of time to file the brief. See TEX. R. APP. P. 42.3(b). Appellants were informed that their motion should be filed no later than December 5, 2014, contain a reasonable explanation for their failure to file the brief when due, and show that Appellee has not suffered material injury thereby. See TEX. R. APP. P. 38.8(a)(1). The December 5, 2014 deadline has passed, and Appellants have not complied with this court’s notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). Opinion delivered December 10, 2014. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

DECEMBER 10, 2014

AMERICAN IDOL, GENERAL, LP D/B/A THE REO, AND RANDY HANSON A/K/A RANDALL HANSON, Appellants V. PITHER PLUMBING CO., INC., Appellee

Appeal from the 188th District Court of Gregg County, Texas (Tr.Ct.No. 2012-1842-A)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

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NO. 12-14-00134-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AMERICAN IDOL, GENERAL, LP § APPEAL FROM THE 188TH D/B/A THE REO, AND RANDY HANSON A/K/A RANDALL HANSON, APPELLANTS § JUDICIAL DISTRICT COURT V.

PITHER PLUMBING CO., INC., APPELLEE § GREGG COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellants, American Idol, General, LP d/b/a The REO, and Randy Hanson a/k/a Randall Hanson, perfected their appeal on May 21, 2014. The reporter’s record was filed on September 8, 2014. After the granting of extensions, Appellants’ brief was due on or before November 21, 2014. Appellants did not file their brief on November 21, 2014. Consequently, this court notified Appellants that their appeal might be dismissed for want of prosecution unless they filed a motion for extension of time to file the brief. See TEX. R. APP. P. 42.3(b). Appellants were informed that their motion should be filed no later than December 5, 2014, contain a reasonable explanation for their failure to file the brief when due, and show that Appellee has not suffered material injury thereby. See TEX. R. APP. P. 38.8(a)(1). The December 5, 2014 deadline has passed, and Appellants have not complied with this court’s notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). Opinion delivered December 10, 2014. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

DECEMBER 10, 2014

AMERICAN IDOL, GENERAL, LP D/B/A THE REO, AND RANDY HANSON A/K/A RANDALL HANSON, Appellants V. PITHER PLUMBING CO., INC., Appellee

Appeal from the 188th District Court of Gregg County, Texas (Tr.Ct.No. 2012-1842-A)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

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Bluebook (online)

American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-idol-general-lp-dba-the-reo-and-randy-han-texapp-2014.