Homer G. Maxey v. Citizens National Bank of Lubbock, Texas

Fifth Circuit

Homer G. Maxey v. Citizens National Bank of Lubbock, Texas

459 F.2d 56, 1972 U.S. App. LEXIS 10021

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 18, 1972

Docket72-1160

StatusPublished

Cited by6 cases

This text of 459 F.2d 56 (Homer G. Maxey v. Citizens National Bank of Lubbock, Texas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Homer G. Maxey v. Citizens National Bank of Lubbock, Texas, 459 F.2d 56, 1972 U.S. App. LEXIS 10021 (5th Cir. 1972).

Pincite

Opinion

PER CURIAM:

This is an appeal from an order dismissing plaintiff’s suit by the United States District Court for the Northern District of Texas, for want of prosecution. Plaintiff filed his suit on March 15, 1966 in the United States District Court for the Northern District of Oklahoma. The suit was transferred to the United States District Court for the Northern District of Texas, Lubbock Division. A suit involving the same parties and issues was also filed in the District Court of Lubbock County, Texas. The Federal suit lay dormant for more than four years while the parties pursued their trials and appeals in the State courts.

Pursuant to show cause order, of which all attorneys were duly notified on September 28, 1970, and to which none responded, the Federal court suit was dismissed for want of prosecution on November 2, 1970. On October 19, 1971, more than a year after the show cause order was served and just short of a year after the suit was dismissed, plaintiff moved to reinstate the Federal court suit. The motion to reinstate was denied, hence this appeal.

The dismissal of the dormant suit was pursuant to adequate notice. We are unable to perceive from the record or the briefs that the court in any way abused its discretion in the dismissal of the suit or the denial of the motion to reinstate.

The judgment of the district court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This is an appeal from an order dismissing plaintiff’s suit by the United States District Court for the Northern District of Texas, for want of prosecution. Plaintiff filed his suit on March 15, 1966 in the United States District Court for the Northern District of Oklahoma. The suit was transferred to the United States District Court for the Northern District of Texas, Lubbock Division. A suit involving the same parties and issues was also filed in the District Court of Lubbock County, Texas. The Federal suit lay dormant for more than four years while the parties pursued their trials and appeals in the State courts.

Pursuant to show cause order, of which all attorneys were duly notified on September 28, 1970, and to which none responded, the Federal court suit was dismissed for want of prosecution on November 2, 1970. On October 19, 1971, more than a year after the show cause order was served and just short of a year after the suit was dismissed, plaintiff moved to reinstate the Federal court suit. The motion to reinstate was denied, hence this appeal.

The dismissal of the dormant suit was pursuant to adequate notice. We are unable to perceive from the record or the briefs that the court in any way abused its discretion in the dismissal of the suit or the denial of the motion to reinstate.

The judgment of the district court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

459 F.2d 56, 1972 U.S. App. LEXIS 10021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homer-g-maxey-v-citizens-national-bank-of-lubbock-texas-ca5-1972.

Opinion

Related

Cite This Page — Counsel Stack