Jane T. Durham v. Margaret L. Durham, Nancy C. Stewart, David Durham, and Barbara Flournoy

• Court: Court of Appeals of Texas
• Decided: August 14, 2015
• Docket: 07-14-00346-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-14-00346-CV ________________________

JANE T. DURHAM, APPELLANT

V.

MARGARET L. DURHAM, NANCY C. STEWART, DAVID DURHAM, AND BARBARA FLOURNOY, APPELLEES

On Appeal from the 237th District Court Lubbock County, Texas Trial Court No. 2013-509,100; Honorable Leslie Hatch, Presiding

August 14, 2015

ORDER Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant, Jane T. Durham, and Appellees, Margaret L. Durham, Nancy C.

Stewart, David Durham, and Barbara Flournoy, filed a joint motion to dismiss this

appeal. In their motion, the parties assert that Jane T. Durham died on July 2, 2015,

and that this appeal is, therefore, moot. Although a civil appeal may proceed upon the death of an appellant, an appellate

court must ensure that those purporting to represent a deceased party have the

authority to do so. See TEX. R. APP. P. 7.1(a)(1). The joint motion to dismiss is signed

by Appellant’s counsel, Michael Sales. It is unknown to the court whether Mr. Sales is

the representative of Ms. Durham’s estate or is the attorney for the representative of

Ms. Durham’s estate. Before the court can grant the dismissal sought by the parties,

the court must confirm that Mr. Sales has authority to represent Ms. Durham’s estate.

See Murphy v. Murphy, 21 S.W.3d 797, 798 (Tex. App—Houston [1st Dist.] 2000, no

pet.).

Accordingly, the court orders Mr. Sales to file a response, with appropriate

documentation, by September 18, 2015, that verifies: (1) the identity of the

representative of Ms. Durham’s estate; (2) the representative’s designation of Mr. Sales

to act as attorney on behalf of the estate in this matter; and (3) the representative’s

adoption and ratification of the joint motion to dismiss.

Per Curiam