Griffiths Jr, John L. & El Al v. Loe Babo

• Court: Court of Appeals of Texas
• Decided: December 1, 1999
• Docket: 05-99-01696-CV
• Status: Published

Opinion

DISMISSED; Opinion issued December 1,1999

In The

(tatrt nf Appeals Jftftlj Ststmt of teas at Dallas No. 05-99-01696-CV

JOHN L. GRIFFITHS, JR., LEIGH OPERATING COMPANY, AND LLOYD PETROLEUM CORPORATION, Appellants

V.

BABO LOE, Appellee

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. 97-04013-H

OPINION PER CURIAM

Before Justices Whittington, Wright, and Bridges

Although appellants filed a notice of appeal with the trial court on August 23, 1999, this

Courtdid not receivea copyof the noticeof appeal. Rather, on October 4,1999, the Courtreceived

written notification from the district clerk that the clerk's record had been prepared, but was being

held for a tenderof $861. By letter dated October 4, 1999, this Court directed appellants to file a

completed docketing statement. .SeeTEX.R.APP.P.32. Appellants did not respond. By letter dated

November 12, 1999, the Court again directed appellants to file a docketing statement. The letter

cautioned appellants that failure to file the docketing statement within ten days would result in

dismissal of their appeal without further notice. To date, appellants have not responded. Therefore, on the Court's own motion, this appeal is DISMISSED. See TEX. R. APP. P.

42.3(b), (c).

PER CURIAM

Do Not Publish Tex. R. App. P. 47 991696F.U05

-2- Court at Appeals Jfltftlf m&trxtt of Qtexass at Dallas

JUDGMENT

JOHN L. GRIFFITHS, JR., LEIGH Appeal from the 160th Judicial District Court OPERATING COMPANY, AND LLOYD of Dallas County, Texas. (Tr.Ct.No. 97- PETROLEUM CORPORATION, Appellants 04013-H). Opinion delivered per curiam before Justices No. 05-99-01696-CV V. Whittington, Wright, and Bridges.

Based on the Court's opinion ofthis date, this appeal is DISMISSED. It is ORDERED that appellants bear the costs of this appeal.

Judgment entered December 1, 1999. RECEIVED IN COURT OF APPEALS, 5th OIST. Appellate Docket No.: IX 0 1 1000 Appellate Case Style: ' ^.ao-m^ ry __ USA ft/IAIZ CllRTrStTrOISfRICT FIFTH DISTRICT COURT OF APPEALS NOTF PAiTTi:r2iAPPEAL-D0CKETING STATEMENT tJSFSiOIS** TRAP T° FILE 32.1 MAY RESULT D0CKETINGOFSTATEMENT IN DISMISSAL AS REOUIRED RY THE AFKA^^S^?^ PARTffiSJTRAP32J(a),(e)): Appellant): ^ ^ John ^ Appellee(s): Loe Babo Leigh Operating Conpany and Loyd Petroleum Corporation

Attorney (Lead Counsel): Attorney (Lead Counsel): Joe B. Abbey Jeff Clark

Address (Lead Counsel): Address (Lead Counsel): 8528 Baltimore, Suite 201 5830 Alpha Rd. Suite 101 Dallas'< Texas 75225 Dallas, Texas 73240

Telephone: (214)739-2337 Telephone: (972)861-2227 Fax: Fax: SBN (Lead Counsel): nn7«onnn SBN (Lead Counsel): 04286020

^=^rrstsrsr^^=s^—• - PERFECTION OF APPEAL fTRAP32.1(b).fc).fc).ffl> Date Order or Judgment Signed: Date Notice of Appeal Filed: 4^ If Mailed, Give Date: ' (Attach File-Stamped Copy ofNotice) Appeal From Final Judgment? (Disposes ofAll Parties &Issues)- Interlocutory Appeal ofAppealable Order? Yes: fc] No:[] Yes:[] No: y

Restricted Appeal Under TRAP 30? Yes: [] No: | J Furnish Information Check as Appropriate as Appropriate Accelerated Appeal (Under TRAP 28, or Other Yes: [] No: y Rule or Statute, orAppeal Given Precedence or Reason for Acceleration: Priority)

Temporary or Ancillary Relief None: y Basis for Request: Will Request: [ ]

NATURE OF THE CASE (TRAP 32.1(f»:

Describe Subject Matter (i.e., Personal Injury, Breach of Contract, Temporary Injunction) Breach of Contract

Posture of Parties at Trial Appellant(s): Dcfendai'iL^ Appellee(s): PlaiuLiTf. TRIAL COURT AND RECORD gRAP32.1(c)t(h),(i)); Court 160th District County: D_ai^ T.Ct. Cause No. 97-04013-H

Trial Judge (Who Tried or Disposed ofCase): Court Clerk (District orCounty Clerk): „, , David GOdbey Telephone: (214)653-7273 m4^„_- TeleSbm ^1^3-7273 Fax: Fax: Address: 600 Commerce St. Address:6oo Cormierce St. Dallas, Texas 75202-4623 Dallas, Texas 75202-4623

Clerk's Record Fee Paid: Yes:H No:[] Arrangements Made to Pay Fee: Yes:[ 1 No:f ] Court Reporters) or Court Recorder(s): <^«/m— ^?* n /-, TelephoneNumber(s): (^/^> 4-0 - a$j> Fax Number(s): ( ^ ,^ ~> £, s"i, -L, 5J a Address(es): '

Reporter's/Recorder's Record (Check if Yes: [ ] Electronic Recording [ ]) FeePaid:Yes:[]No:[] No:[] Arrangements Made to Date Requested: Pay Fee: Yes:[ ] No: [] SUPERSEDEAS BOND (TRAP 32.1(1)): Yes: [ ] No: kl Date Filed: Amount:

Actions Extending Timetable (TRAP 32.1(d)): Filed Action Check as Appropriate Date Motion for New Trial Yes: [ ] No U a—

Motion to ModifyJudgment Yes: [ ] No f] Request for Findings of Fact & Conclusions of Yes: [ ] No [] Law

Motion to Reinstate Yes: [ ] No: [ ] Other (Specify) Yes: [ ] No: [] INDIGENCY OFPARTY (TRAP 32.1(k)): Event Checkas Appropriate Date Affidavit Filed Yes: [ ] No:[] Contest Filed Yes: [ ] No:[] Date Ruling on Contest Due

Ruling on Contest: Sustained: [ ] Overruled: [ ] Attach File-Stamped Copy of Affidavit. OTHER INFORMATION (TRAP 32.1(m));

£."5 SraKSSEST or"**ptoceedings*•« ^°rMy "•»T°- •"-*• Alternative Dispute Resolution/Mediation

Was the case mediated in the trial court? Ifso, please provide the mediator's name, address telephone number, and fax number. ' F

NO

Has the case been mediated since entry of the final judgment? If so, please provide the mediator's name address, telephone number, and fax number.

Can the parties agree on an appellate mediator? If so, please provide the mediator's name, address telephone number, and fax number. ' y

YES

Ifyou believe this case is not appropriate for mediation, give specifics why not.

NONE

How was the case disposed of? (Summary Judgment, Trial, Dismissal, etc.) Summary Judgment

Summary of relief granted, including amount of money judgment, ifany, and type of damages awarded.

$1,005,000.

Give brief description of issues to be raised onappeal. Settlement

J NOTE: If inadequate space has been provided for the information requested, please provide the additional information on an attachment. 125 ™ SJ4*' TRUE AND T° THE BEST °F MY KNOWLEDGE, ALL OF THE ABOVE* uwuiunAnun CORRECT. INFORMATION uIS

„ Jpo B. Abbey __ Nov 30 1999 I^aTCounsel/Prb Se Party Date

Representing "•©efendartts-

Rev. 9/2/97

CERTIFICATE OF SERVICE

Ihereby certify that atrue and correct copy of the foregoing Docketing Statement was served this Zl_ day of j/* *y^^ , 19^ on all parties/attorneys of record listed below (provide name and address of each person served and if person served is party's attorney, list name of party attorney represents) by: (circle one) personal service, mail, commercial delivery service fax See TRAP 9.5(b). y '

Letid Counsel/Pro Se/Party OFFICIAL CASH RECEIPT JIM HAMLIN DISTRICT CLERK COURT 3 TIME 11511:36 CH 6 TO V DATE 12/13/99 CASE NO 97-04013-H RECEIPT NO 009876 LOE BABO VS LOGIT PETROLEUM ETAL PAYMENT BY CHECK 025756 JOHN GRIFFITHS TOTAL CHARGES .00 TOTAL DEPOSITS 500.00 CAT 105 OFFICIAL CASH RECEIPT JIM HAMLIN DISTRICT CLERK COURT 3 TIME 11:10:57 CH 6 T0 v DATE 12/13/99 CASE NO 97-04013-H RECEIPT NO 009875 LOE BABO VS LOGIT PETROLEUM ETAL PAYMENT BY CHECK 025767 JOHN GRIFFITHS TOTAL CHARGES .00 TOTAL DEPOSITS 361.00