Miller v. Stephens

Court of Appeals of Texas

Miller v. Stephens

459 S.W.2d 245, 1970 Tex. App. LEXIS 2564

CourtCourt of Appeals of Texas

DecidedOctober 16, 1970

DocketNo. 17140

StatusPublished

This text of 459 S.W.2d 245 (Miller v. Stephens) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Stephens, 459 S.W.2d 245, 1970 Tex. App. LEXIS 2564 (Tex. Ct. App. 1970).

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Opinion

[246]*246OPINION

BREWSTER, Justice.

This is an appeal by two defendants from an order overruling their pleas of privilege. Neither defendant has filed a brief in connection with the appeal.

The plaintiffs have filed in the case a motion to dismiss the appeal of both defendants, basing the motion on the provisions of Rules 414 and 415, Texas Rules Civil Procedure.

The motion to dismiss both appeals is sustained.

Rule 415, Texas Rules Civil Procedure, providing for dismissal of an appeal when appellant fails to file a brief applies to appeals from interlocutory orders and this includes appeals from orders overruling 'pleas of privilege. Moorman and Singleton v. Simmons, 360 S.W.2d 548 (Waco Tex.Civ.App., 1962, affirmed by Sup.Ct. in 364 S.W.2d 188, 1963). See also Mitchell v. Gregg, 394 S.W.2d 665 (Tyler Tex.Civ.App., 1965, no writ hist.), and Little Moe, Inc. v. Municipal Service Company of Texas, 412 S.W.2d 914 (Fort Worth, Tex.Civ.App., 1967, no writ hist.).

The appeals of both appellants are dismissed.

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[246]*246OPINION

BREWSTER, Justice.

This is an appeal by two defendants from an order overruling their pleas of privilege. Neither defendant has filed a brief in connection with the appeal.

The plaintiffs have filed in the case a motion to dismiss the appeal of both defendants, basing the motion on the provisions of Rules 414 and 415, Texas Rules Civil Procedure.

The motion to dismiss both appeals is sustained.

Rule 415, Texas Rules Civil Procedure, providing for dismissal of an appeal when appellant fails to file a brief applies to appeals from interlocutory orders and this includes appeals from orders overruling 'pleas of privilege. Moorman and Singleton v. Simmons, 360 S.W.2d 548 (Waco Tex.Civ.App., 1962, affirmed by Sup.Ct. in 364 S.W.2d 188, 1963). See also Mitchell v. Gregg, 394 S.W.2d 665 (Tyler Tex.Civ.App., 1965, no writ hist.), and Little Moe, Inc. v. Municipal Service Company of Texas, 412 S.W.2d 914 (Fort Worth, Tex.Civ.App., 1967, no writ hist.).

The appeals of both appellants are dismissed.

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Bluebook (online)

459 S.W.2d 245, 1970 Tex. App. LEXIS 2564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-stephens-texapp-1970.

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