Carolyn Calkins James, Individually and as Next Friend of Her Elderly Mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as Agent in Fact for Mary Olive Calkins and Michael Easton, Individually and as Assignee of Richard Stephen Calkins

Court of Appeals of Texas

Carolyn Calkins James, Individually and as Next Friend of Her Elderly Mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as Agent in Fact for Mary Olive Calkins and Michael Easton, Individually and as Assignee of Richard Stephen Calkins

DecidedApril 4, 2013

Docket14-12-01156-CV

StatusPublished

This text of Carolyn Calkins James, Individually and as Next Friend of Her Elderly Mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as Agent in Fact for Mary Olive Calkins and Michael Easton, Individually and as Assignee of Richard Stephen Calkins (Carolyn Calkins James, Individually and as Next Friend of Her Elderly Mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as Agent in Fact for Mary Olive Calkins and Michael Easton, Individually and as Assignee of Richard Stephen Calkins) 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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Carolyn Calkins James, Individually and as Next Friend of Her Elderly Mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as Agent in Fact for Mary Olive Calkins and Michael Easton, Individually and as Assignee of Richard Stephen Calkins, (Tex. Ct. App. 2013).

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Opinion

Order filed April 4, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-01156-CV ____________

CAROLYN CALKINS JAMES, INDIVIDUALLY AND AS NEXT FRIEND OF HER ELDERLY MOTHER, MARY OLIVE CALKINS, Appellant

V.

HONORABLE OLEN UNDERWOOD, HONORABLE PATRICK SEBESTA AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, RICHARD STEPHEN CALKINS AS AGENT IN FACT FOR MARY OLIVE CALKINS AND MICHAEL EASTON, INDIVIDUALLY AND AS ASSIGNEE OF RICHARD STEPHEN CALKINS, Appellees

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2012-51725

ORDER According to information provided to this court, this is an accelerated appeal from a dismissal order signed November 30, 2012. The record has not yet been filed. On February 6, 2013, the clerk responsible for preparing the record has advised this court that appellant has not paid for preparation of the record. In response to this court’s notice, appellant requested and was granted an extension of time to file the record. On March 11, 2013, the district clerk’s office again notified this court that payment for the record had not been received. On March 12, 2013, the court notified appellant that the appeal was subject to dismissal unless appellant paid for the record and provided proof of payment by March 27, 2013.

On March 29, 2013, appellees filed a response in opposition to any further extensions of time to file the clerk’s record. In the response, appellees advised this court that the Court of Appeals for the First District of Texas had previously considered the same claims at issue in this appeal. See In re James, No. 01-10- 00751-CV (Tex. App.—Houston [1st Dist.] 2010, orig. proceeding) (mem. op.). In addition, appellees stated that there are six other related appeals pending in the First Court of Appeals. See Nos. 01-11-00731-CV, 01-11-00732-CV, 01-11- 00733-CV, 01-11-00734-CV, 01-12-00445-CV, and 01-13-00118-CV.

On April 4, 2013, appellees filed a motion to dismiss this appeal for want of prosecution. In the motion, appellees again referred to the related cases in the Court of Appeals for the First District of Texas. Accordingly, we issue the following order:

It is ORDERED that the appeal docketed under this court=s appellate cause number 14-12-01156-CV is TRANSFERRED to the Court of Appeals for the First District of Texas pursuant to Local Rule 1.5. 14th Tex. App. (Houston) Loc. R. 1.5. The Clerk of this court is directed to transfer all papers filed in the case, and certify all orders made, to the Court of Appeals for the First District of Texas. Appellees’ motion to dismiss the appeal remains pending.

PER CURIAM

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Order filed April 4, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-01156-CV ____________

CAROLYN CALKINS JAMES, INDIVIDUALLY AND AS NEXT FRIEND OF HER ELDERLY MOTHER, MARY OLIVE CALKINS, Appellant

V.

HONORABLE OLEN UNDERWOOD, HONORABLE PATRICK SEBESTA AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, RICHARD STEPHEN CALKINS AS AGENT IN FACT FOR MARY OLIVE CALKINS AND MICHAEL EASTON, INDIVIDUALLY AND AS ASSIGNEE OF RICHARD STEPHEN CALKINS, Appellees

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2012-51725

ORDER According to information provided to this court, this is an accelerated appeal from a dismissal order signed November 30, 2012. The record has not yet been filed. On February 6, 2013, the clerk responsible for preparing the record has advised this court that appellant has not paid for preparation of the record. In response to this court’s notice, appellant requested and was granted an extension of time to file the record. On March 11, 2013, the district clerk’s office again notified this court that payment for the record had not been received. On March 12, 2013, the court notified appellant that the appeal was subject to dismissal unless appellant paid for the record and provided proof of payment by March 27, 2013.

On March 29, 2013, appellees filed a response in opposition to any further extensions of time to file the clerk’s record. In the response, appellees advised this court that the Court of Appeals for the First District of Texas had previously considered the same claims at issue in this appeal. See In re James, No. 01-10- 00751-CV (Tex. App.—Houston [1st Dist.] 2010, orig. proceeding) (mem. op.). In addition, appellees stated that there are six other related appeals pending in the First Court of Appeals. See Nos. 01-11-00731-CV, 01-11-00732-CV, 01-11- 00733-CV, 01-11-00734-CV, 01-12-00445-CV, and 01-13-00118-CV.

On April 4, 2013, appellees filed a motion to dismiss this appeal for want of prosecution. In the motion, appellees again referred to the related cases in the Court of Appeals for the First District of Texas. Accordingly, we issue the following order:

It is ORDERED that the appeal docketed under this court=s appellate cause number 14-12-01156-CV is TRANSFERRED to the Court of Appeals for the First District of Texas pursuant to Local Rule 1.5. 14th Tex. App. (Houston) Loc. R. 1.5. The Clerk of this court is directed to transfer all papers filed in the case, and certify all orders made, to the Court of Appeals for the First District of Texas. Appellees’ motion to dismiss the appeal remains pending.

PER CURIAM

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Carolyn Calkins James, Individually and as Next Friend of Her Elderly Mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as Agent in Fact for Mary Olive Calkins and Michael Easton, Individually and as Assignee of Richard Stephen Calkins, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carolyn-calkins-james-individually-and-as-next-friend-of-her-elderly-texapp-2013.