Roy E. Addicks, Jr. v. John A. Rupert

Court of Appeals of Texas

Roy E. Addicks, Jr. v. John A. Rupert

DecidedDecember 23, 2009

Docket12-09-00288-CV

StatusPublished

This text of Roy E. Addicks, Jr. v. John A. Rupert (Roy E. Addicks, Jr. v. John A. Rupert) 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.

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Roy E. Addicks, Jr. v. John A. Rupert, (Tex. Ct. App. 2009).

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Opinion

NO. 12-09-00288-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS ROY E. ADDICKS, JR., APPELLANT ' APPEAL FROM THE369TH

V. ' JUDICIAL DISTRICT COURT OF

NATHANIEL QUARTERMAN, JOHN A. RUPERT, ELIZABETH A. MILLER, DONNA FLETCHER, SHARON K. DIFFERENT, ANGELA I. DUGGER, PAMELA M. KIRKPATRICK, NOLAN GLASS, SANDRA HOLLIS, ANN HOYT, REBECCA PARKER, TAMMY RAINEY, ' ANDERSON COUNTY, TEXAS WILLIAM STEPHENS, JAMES L. KELLEY, ANTHONY M. HOLMES, MELVIN L. MCCRAY, CHARLOTTE CROCKETT, TAMMY L. LEIS, MICHAEL L. GASPERIK, MARTINA LINVILLE, AND JANE M. COCKERHAM, APPELLEES MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant, Roy E. Addicks, Jr., perfected his appeal on September 15, 2009. The clerk’s record was filed on November 5, 2009, making Addicks’s brief due on or before December 7, 2009. When Addicks failed to file his brief by December 7, 2009, this court notified him on December 11, 2009 that the brief was past due. The notice warned that if no motion for extension of time to file the brief was received by December 21, 2009, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(c). Further, the notice informed Addicks that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that the appellees had not suffered material injury thereby. To date, Addicks has neither complied with or otherwise responded to this court’s December 11, 2009 notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3.(b). Opinion delivered December 23, 2009. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH)

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NO. 12-09-00288-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS ROY E. ADDICKS, JR., APPELLANT ' APPEAL FROM THE369TH

V. ' JUDICIAL DISTRICT COURT OF

NATHANIEL QUARTERMAN, JOHN A. RUPERT, ELIZABETH A. MILLER, DONNA FLETCHER, SHARON K. DIFFERENT, ANGELA I. DUGGER, PAMELA M. KIRKPATRICK, NOLAN GLASS, SANDRA HOLLIS, ANN HOYT, REBECCA PARKER, TAMMY RAINEY, ' ANDERSON COUNTY, TEXAS WILLIAM STEPHENS, JAMES L. KELLEY, ANTHONY M. HOLMES, MELVIN L. MCCRAY, CHARLOTTE CROCKETT, TAMMY L. LEIS, MICHAEL L. GASPERIK, MARTINA LINVILLE, AND JANE M. COCKERHAM, APPELLEES MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant, Roy E. Addicks, Jr., perfected his appeal on September 15, 2009. The clerk’s record was filed on November 5, 2009, making Addicks’s brief due on or before December 7, 2009. When Addicks failed to file his brief by December 7, 2009, this court notified him on December 11, 2009 that the brief was past due. The notice warned that if no motion for extension of time to file the brief was received by December 21, 2009, the appeal would be dismissed for want of prosecution under Texas Rule of Appellate Procedure 42.3(c). Further, the notice informed Addicks that the motion for extension of time must contain a reasonable explanation for his failure to file the brief and a showing that the appellees had not suffered material injury thereby. To date, Addicks has neither complied with or otherwise responded to this court’s December 11, 2009 notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3.(b). Opinion delivered December 23, 2009. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH)

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Roy E. Addicks, Jr. v. John A. Rupert, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-e-addicks-jr-v-john-a-rupert-texapp-2009.