Vernon E. Faulconer, Inc. v. Edmund R. Wood

Court of Appeals of Texas

Vernon E. Faulconer, Inc. v. Edmund R. Wood

DecidedJune 10, 2003

Docket06-03-00080-CV

StatusPublished

This text of Vernon E. Faulconer, Inc. v. Edmund R. Wood (Vernon E. Faulconer, Inc. v. Edmund R. Wood) 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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Vernon E. Faulconer, Inc. v. Edmund R. Wood, (Tex. Ct. App. 2003).

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Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00080-CV ______________________________

VERNON E. FAULCONER, INC., Appellant

V.

EDMUND R. WOOD, Appellee

On Appeal from the 71st Judicial District Court Harrison County, Texas Trial Court No. 00-0224

Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Vernon E. Faulconer, Inc., is a party to this appeal. We scheduled the appeals for oral argument May 15, 2003, in Harrison County, Texas. Faulconer did not appear for argument, even though it had previously asked to participate. At argument, counsel for Edmund R. Wood, appellee, informed this Court Wood had reached a settlement with Faulconer. The remaining appellants (Amoco Production Company, BP Amoco, Mobil Producing Texas and New Mexico, Inc., and Exxon Mobile Corporation), however, continued to prosecute their appeal.

Since oral argument almost one month ago, we have not received from Faulconer a motion to sever and remand the appeal for entry of the settlement agreement. Nonetheless, based on the representation of Wood's counsel regarding the settlement agreement, we, on our own motion, now order Faulconer's appeal severed from Amoco Production Company, BP Amoco, Mobil Producing Texas and New Mexico, Inc., and Exxon Mobil Corporation's appeal against Wood. Severance allows us to remand the severed case to the trial court for entry of orders effectuating the settlement agreement between Faulconer and Wood.

We assign Faulconer's appeal against Wood to cause number 06-03-00080-CV.

The appeal by Faulconer against Wood, cause number 06-03-00080-CV, is remanded for entry of orders to effectuate the settlement agreement among the parties.

Donald R. Ross

Justice

Date Submitted: June 9, 2003

Date Decided: June 10, 2003

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Robert Goodwin, and his wife, who is unnamed in the papers filed in this Court, filed a notice of appeal November 3, 2003. Since that time, they have made no further effort to prosecute the appeal. On December 18, 2003, we wrote a letter to appellants' counsel warning him that, pursuant to Tex. R. App. P. 42.3(b) and (c), the appeal would be subject to dismissal ten days after the date of the letter unless a response was provided showing good cause for the failure to prosecute the appeal.

As of the date of this opinion, we have received no response.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 13, 2004

Date Decided: January 14, 2004

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In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00080-CV ______________________________

VERNON E. FAULCONER, INC., Appellant

V.

EDMUND R. WOOD, Appellee

On Appeal from the 71st Judicial District Court Harrison County, Texas Trial Court No. 00-0224

Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Vernon E. Faulconer, Inc., is a party to this appeal. We scheduled the appeals for oral argument May 15, 2003, in Harrison County, Texas. Faulconer did not appear for argument, even though it had previously asked to participate. At argument, counsel for Edmund R. Wood, appellee, informed this Court Wood had reached a settlement with Faulconer. The remaining appellants (Amoco Production Company, BP Amoco, Mobil Producing Texas and New Mexico, Inc., and Exxon Mobile Corporation), however, continued to prosecute their appeal.

Since oral argument almost one month ago, we have not received from Faulconer a motion to sever and remand the appeal for entry of the settlement agreement. Nonetheless, based on the representation of Wood's counsel regarding the settlement agreement, we, on our own motion, now order Faulconer's appeal severed from Amoco Production Company, BP Amoco, Mobil Producing Texas and New Mexico, Inc., and Exxon Mobil Corporation's appeal against Wood. Severance allows us to remand the severed case to the trial court for entry of orders effectuating the settlement agreement between Faulconer and Wood.

We assign Faulconer's appeal against Wood to cause number 06-03-00080-CV.

The appeal by Faulconer against Wood, cause number 06-03-00080-CV, is remanded for entry of orders to effectuate the settlement agreement among the parties.

Donald R. Ross

Justice

Date Submitted: June 9, 2003

Date Decided: June 10, 2003

/span>

Robert Goodwin, and his wife, who is unnamed in the papers filed in this Court, filed a notice of appeal November 3, 2003. Since that time, they have made no further effort to prosecute the appeal. On December 18, 2003, we wrote a letter to appellants' counsel warning him that, pursuant to Tex. R. App. P. 42.3(b) and (c), the appeal would be subject to dismissal ten days after the date of the letter unless a response was provided showing good cause for the failure to prosecute the appeal.

As of the date of this opinion, we have received no response.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 13, 2004

Date Decided: January 14, 2004

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Vernon E. Faulconer, Inc. v. Edmund R. Wood, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vernon-e-faulconer-inc-v-edmund-r-wood-texapp-2003.