Susan Morrow v. Allstate Insurance Co.

• Court: Court of Appeals of Texas
• Decided: October 22, 2001
• Docket: 07-01-00313-CV
• Status: Published

Opinion

NO. 07-01-0313-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

OCTOBER 22, 2001

______________________________

SUSAN MORROW, APPELLANT

V.

ALLSTATE INSURANCE COMPANY, APPELLEE

_________________________________

FROM THE COUNTY CIVIL COURT AT LAW NO. 3 OF HARRIS COUNTY;

NO. 723,696; HONORABLE LYNN BRADSHAW-HULL, JUDGE

_______________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant Susan Morrow perfected an appeal from the trial court's order granting summary judgment in favor of appellee Allstate Insurance Company on her counterclaim for attorney's fees. The clerk's record was filed on June 29, 2001. Appellant's brief was due to be filed on July 30, 2001, but has yet to be filed. Also no motion for extension of time has been filed. By letter dated October 2, 2001, this Court notified appellant's counsel, Sean K. McPherson, of the defect and also directed that counsel reasonably explain by October 12, 2001, the failure to file a brief together with a showing that appellee has not been significantly injured. Counsel did not respond and the brief remains outstanding.

Accordingly, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1) and 42.3(b).

Don H. Reavis

Justice

Do not publish.

h a basis upon which to review the trial court’s application of the law to the facts. Castro v. State, 227 S.W.3d 737, 743 (Tex.Crim.App. 2007); State v. Cullen, 195 S.W.3d 696, 699 (Tex.Crim.App. 2006).

          Accordingly, we abate the appeal and remand the cause to the 140^th District Court of Lubbock County for further proceedings. Upon remand, the trial court shall enter findings of fact and conclusions of law consistent with the court’s ruling in Cullen and cause to be developed a supplemental clerk’s record containing its findings of fact and conclusions of law. The court shall then file the supplemental record with this court on or before February 10, 2009. Should further time be needed by the trial court, then it must be requested by February 10, 2009.

          It is so ordered.

                                                                           Per Curiam