Bloss v. Alston

Court of Appeals of Texas

Bloss v. Alston

284 S.W.2d 416, 1955 Tex. App. LEXIS 2209

CourtCourt of Appeals of Texas

DecidedNovember 18, 1955

Docket3189

StatusPublished

Cited by4 cases

This text of 284 S.W.2d 416 (Bloss v. Alston) 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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Bloss v. Alston, 284 S.W.2d 416, 1955 Tex. App. LEXIS 2209 (Tex. Ct. App. 1955).

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Opinion

GRISSOM, Chief Justice.

O. C. Bloss has appealed from a judgment overruling his plea of privilege to be sued in the county of his residence. On appellant’s' motion, the time for filing the transcript and statement of facts was extended. Said record was thereafter filed on April 1, 1955. Appellant has not yet filed briefs or offered an excuse for such failure. Texas Rules of Civil Procedure, 414 provides that appellant shall file briefs in this court within thirty days after filing the transcript and statement of facts. R.C. P. 415 provides that when an appellant has failed to file his brief within the time prescribed the appellate court may dismiss the appeal for want of prosecution, unless good cause is shown for such failure and that appellee has not suffered material injury thereby. Since appellant has not filed briefs and has not attempted to show either good cause for such failure or that appellee has not suffered injury thereby, the appeal is dismissed at appellant’s cost. Schkade v. Independent-Eastern Torpedo Co., Tex.Civ.App., 168 S.W.2d 281, 282; Liberty Mutual Insurance Company v. Thrasher, Tex.Civ.App., 190 S.W.2d 596.

The appeal is dismissed.

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GRISSOM, Chief Justice.

O. C. Bloss has appealed from a judgment overruling his plea of privilege to be sued in the county of his residence. On appellant’s' motion, the time for filing the transcript and statement of facts was extended. Said record was thereafter filed on April 1, 1955. Appellant has not yet filed briefs or offered an excuse for such failure. Texas Rules of Civil Procedure, 414 provides that appellant shall file briefs in this court within thirty days after filing the transcript and statement of facts. R.C. P. 415 provides that when an appellant has failed to file his brief within the time prescribed the appellate court may dismiss the appeal for want of prosecution, unless good cause is shown for such failure and that appellee has not suffered material injury thereby. Since appellant has not filed briefs and has not attempted to show either good cause for such failure or that appellee has not suffered injury thereby, the appeal is dismissed at appellant’s cost. Schkade v. Independent-Eastern Torpedo Co., Tex.Civ.App., 168 S.W.2d 281, 282; Liberty Mutual Insurance Company v. Thrasher, Tex.Civ.App., 190 S.W.2d 596.

The appeal is dismissed.

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Bluebook (online)

284 S.W.2d 416, 1955 Tex. App. LEXIS 2209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloss-v-alston-texapp-1955.

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