Robert Wyatt v. Irving Independent School District

Opinion

DISMISS; Opinion Filed September 11, 2014.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-00267-CV

ROBERT WYATT, Appellant

V.

IRVING INDEPENDENT SCHOOL DISTRICT, Appellee

On Appeal from the 44th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-13-11959

MEMORANDUM OPINION

Before Justices Bridges, Lang, and Evans Opinion by Justice Evans

This is an appeal from an order granting Irving Independent School District’s plea to the jurisdiction. On July 8, 2014, attorney James L. Schutza, acting as a Friend of the Court, filed a “suggestion of Death,” advising that appellant, who represented himself, had passed away. Although a civil appeal may proceed upon the death of the appellant, someone must appear on his behalf. See TEX. R. APP. P. 7.1(a)(1); Casillas v. Cano, 79 S.W.3d 587, 590 (Tex. App.-– Corpus Christi 2002, order, no pet.). That person may include the executor or administrator of appellant’s estate, an attorney with authority to proceed, or an heir where no administration of appellant’s estate is planned or pending, no personal representative has been appointed to the estate, and no administration of the estate in probate court is necessary or desired by those interested in the estate. See TEX. R. CIV. P. 151; Casillas, 79 S.W.3d at 590-91.

On July 14, 2014, we ordered that any appearance on appellant’s behalf be filed by August 13, 2014. We cautioned that the appeal may be dismissed without further notice if no such appearance was made by August 13th, and we sent a copy of our order to appellant’s address, Schutza, and counsel for appellees. To date, no appearance has been entered. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(b),(c).

/David Evans/

DAVID EVANS

JUSTICE

140267F.P05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

ROBERT WYATT, Appellant On Appeal from the 44th Judicial District Court, Dallas County, Texas No. 05-14-00267-CV V. Trial Court Cause No. DC-13-11959.

Opinion delivered by Justice Evans. Justices IRVING INDEPENDENT SCHOOL Bridges and Lang participating. DISTRICT, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that each party bear its own costs of appeal.

Judgment entered this 11th day of September, 2014.