Diana G. Offord v. Judge Brady Elliott, in His Official and Individual Capacity

Court of Appeals of Texas

Diana G. Offord v. Judge Brady Elliott, in His Official and Individual Capacity

DecidedJanuary 5, 2012

Docket14-11-00905-CV

StatusPublished

This text of Diana G. Offord v. Judge Brady Elliott, in His Official and Individual Capacity (Diana G. Offord v. Judge Brady Elliott, in His Official and Individual Capacity) 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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Diana G. Offord v. Judge Brady Elliott, in His Official and Individual Capacity, (Tex. Ct. App. 2012).

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Opinion

Motion Granted; Abatement Order filed January 5, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00905-CV ____________

DIANA G. OFFORD, Appellant

V.

JUDGE BRADY ELLIOT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, Appellee

On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Cause No. 10-DCV-185448A

ABATEMENT ORDER

This is an appeal from a judgment signed July 18, 2011. According to a motion filed by appellant’s attorney, appellant died intestate October 7, 2011. Pursuant to Texas Rule of Appellate Procedure 7.1(a), the appeal may continue. Appellant filed a motion seeking a 30-day abatement to determine the appointment of a representative to be substituted to prosecute this appeal. Appellant’s motion is granted.

Accordingly, we order the case abated and remanded to the trial court for a period of thirty days so that the trial court may appoint a representative to prosecute this appeal. A supplemental clerk’s record containing the trial court’s order shall be filed with the clerk of this court on or before February 6, 2012. The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the supplemental clerk’s record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this court=s order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date. It is so ORDERED.

PER CURIAM

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Motion Granted; Abatement Order filed January 5, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00905-CV ____________

DIANA G. OFFORD, Appellant

V.

JUDGE BRADY ELLIOT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, Appellee

On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Cause No. 10-DCV-185448A

ABATEMENT ORDER

This is an appeal from a judgment signed July 18, 2011. According to a motion filed by appellant’s attorney, appellant died intestate October 7, 2011. Pursuant to Texas Rule of Appellate Procedure 7.1(a), the appeal may continue. Appellant filed a motion seeking a 30-day abatement to determine the appointment of a representative to be substituted to prosecute this appeal. Appellant’s motion is granted.

Accordingly, we order the case abated and remanded to the trial court for a period of thirty days so that the trial court may appoint a representative to prosecute this appeal. A supplemental clerk’s record containing the trial court’s order shall be filed with the clerk of this court on or before February 6, 2012. The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the supplemental clerk’s record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this court=s order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date. It is so ORDERED.

PER CURIAM

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Diana G. Offord v. Judge Brady Elliott, in His Official and Individual Capacity, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diana-g-offord-v-judge-brady-elliott-in-his-offici-texapp-2012.