in Re: Emily Anne Davis

• Court: Court of Appeals of Texas
• Decided: September 23, 2002
• Docket: 06-02-00120-CV
• Status: Published

Opinion

6-96-028-CV Long Trusts v. Dowd

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-02-00120-CV ______________________________

IN RE: EMILY ANNE DAVIS

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Original Mandamus Proceeding

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Before Grant, Ross, and Bass,* JJ.

*Bill Bass, Justice, Retired, Sitting by Assignment

PER CURIAM

Emily Anne Davis has filed a petition for writ of mandamus in which she complained about an order by the trial court which severed her cause of action against Dennis Waters individually and d/b/a Waters Investigation Agency from her divorce proceedings. The trial court entered an order on July 29, 2002, that reconsidered the order of severance and set it aside, recombining the two causes of action into a single proceeding. The relief sought by relator has thus been provided by the trial court. We therefore need not address the issues raised in relator's petition, because the petition is now moot.

Our temporary stay is lifted. We overrule the petition for writ of mandamus as moot.

BY THE COURT

Date Submitted: September 20, 2002

Date Decided: September 23, 2002

Do Not Publish

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00010-CV

                             IN THE MATTER OF THE MARRIAGE OF

                             BARBARA (ANN WALDRUP) MORGAN,

                                  AND SHAWN GREGORY MORGAN

                                            On Appeal from the County Court at Law

                                                           Hopkins County, Texas

                                                          Trial Court No. CV39918

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                      MEMORANDUM OPINION

            Shawn Gregory Morgan, appellant, filed his notice of appeal January 18, 2011.

            The clerk’s record was filed February 10, 2011, and the reporter’s record was filed April 19, 2011.  Morgan’s brief was therefore due May 19, 2011.  Morgan has requested five extensions of time to file the brief.  This Court granted the last extension to October 6, but warned Morgan that if a brief was not received by that date, “the appeal will be subject to dismissal for want of prosecution.”  Tex. R. App. P. 42.3(b). 

            Counsel called this Court last week and informed us that he was sending yet another request for extension.  That extension has not been received.  Pursuant to Rule 42.3(b), we dismiss this appeal for want of prosecution.  Tex. R. App. P. 42.3(b).

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          October 27, 2011

Date Decided:             October 28, 2011