Marinecorp International, Ltd. v. the Chopper Group, LLC and Outlaw Country, LLC

Opinion

ACCEPTED 01-14-00707-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/28/2015 9:45:30 AM CHRISTOPHER PRINE CLERK No. 01-14-00707-CV

IN THE FILED IN 1st COURT OF APPEALS 1sT COURT OF APPEALS HOUSTON, TEXAS 7/28/2015 9:45:30 AM at HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

MARINECORP INTERNATIONAL, LTD. Appellant,

v.

THE CHOPPER GROUP, LLC., et al APPELLEE

Appealed from the 80111 Judicial District Court of Harris County, Texas, No. 2012-23983

APPELLEE'S MOTION TO DISMISS APPEAL

Brock C. Akers The Akers Firm 3401 Allen Parkway, Suite 101 Houston, TX 77019 (713)877-2500 1-713-583-8662-Fax Email: bca@akersfirm.com bca@akersfirm. com ATTORNEYS FOR APPELLEE No. 01-14-00707-CV

MARINECORP INTERN'TL, § IN THE FIRST LTD. § § VS. § COURT OF APPEALS § THE CHOPPER GROUP, § LLC, et al § HOUSTON, TEXAS

APPELLEE'S MOTION TO DISMISS APPEAL

COMES NOW, APPELLEE The Chopper Group, LLC, et al, and

hereby files this its Motion to Dismiss Appeal, and with respect thereto

would show the court as follows:

I.

The trial of this case resulted in a returned verdict on April 23, 2014,

seventeen months ago. A judgment was entered on May 14, 20 14 and then

modified on July 31, 2014, not quite one year ago. To date, Appellant has

not filed its brief to the Court of Appeals.

Most recently, the clerk of this court notified Appellant that its brief

was overdue, giving 10 days to respond. That was on June 16, 2015, six

weeks ago. Still, no brief has been filed.

The most certain reason for the delay has been the failure of the court

reporters from the trial below to provide a timely and complete transcript. This court has ordered the court reporters to submit a record to this court

multiple times, including an instruction to have the record supplemented and

completed or offer an explanation that no further record is available. The

missed and ignored deadline for that event was May 21, 2015, over two

months ago.

But while nothing happens to prosecute this appeal, the Appellee in

this case is forced to wait, and wait, and wait. This appeal should be

dismissed and mandate issued. Alternatively, Appellant should be made to

file a present its brief on the basis of the record that has been completed. A

year is surely long enough for the prevailing party in this trial to wait before

the appeal gets going.

Respectfully submitted,

THE AKERS FIRM

By:

;;~c.~ Brock C. Akers State Bar No. 00953250 3401 Allen Parkway, Suite 101 Houston, Texas 77019 (713) 877-2500 1-713-583-8662 bca@akersfirm.com ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE

Appellant cmmot agree to have its Appeal dismissed. Counsel for co-Appellee, Kyle Tones, agrees to this motion.

Brock C. Akers

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing instrument has this the 281h day of July, 2015, been forwarded to opposing counsel of record pursuant to the Texas Rules of Civil Procedure.

Brock C. Akers