Youngblood v. Youngblood

Court of Appeals of Texas

Youngblood v. Youngblood

620 S.W.2d 216, 1981 Tex. App. LEXIS 3974

CourtCourt of Appeals of Texas

DecidedJuly 30, 1981

DocketNo. 6356

StatusPublished

This text of 620 S.W.2d 216 (Youngblood v. Youngblood) 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

Youngblood v. Youngblood, 620 S.W.2d 216, 1981 Tex. App. LEXIS 3974 (Tex. Ct. App. 1981).

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Opinion

OPINION

McDONALD, Chief Justice.

Plaintiff Helen Janis Youngblood sued defendant Eldon Lee Youngblood in Bosque County to enforce an “Agreement Incident to Divorce” which provided that defendant would pay plaintiff contractual alimony. Defendant filed his plea of privilege to be sued in Dallas County; plaintiff controverted; and after hearing the trial court overruled such plea of privilege. Defendant appealed to this court from the order overruling his plea of privilege.

While the appeal is pending in this court plaintiff filed motion in the trial court for a nonsuit which the trial court granted and dismissed the cause without prejudice to plaintiff.

[217]*217Plaintiff has filed her motion to dismiss defendant’s appeal.

During the pendency of appeal from order overruling plea of privilege, the trial court possesses the authority to permit non-suit at instance of plaintiff, since the power of the trial court to try the case on the merits was not suspended during pendency of appeal from such order. And the question of whether the trial court erred in overruling the plea of privilege is now moot in this court. Slaughter v. Carter, Tex.Civ.App. (Waco) NWH, 410 S.W.2d 496; McNeill v. Hubert, 119 Tex. 18, 23 S.W.2d 331; Bray v. Compton, Tex.Civ.App. (Waco) NWH, 376 S.W.2d 436; ABC Rendering, Inc. v. Martin, Tex.Civ.App. (Waco) NWH, 407 S.W.2d 551.

Motion granted. Appeal dismissed at cost of appellee.

APPEAL DISMISSED.

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OPINION

McDONALD, Chief Justice.

Plaintiff Helen Janis Youngblood sued defendant Eldon Lee Youngblood in Bosque County to enforce an “Agreement Incident to Divorce” which provided that defendant would pay plaintiff contractual alimony. Defendant filed his plea of privilege to be sued in Dallas County; plaintiff controverted; and after hearing the trial court overruled such plea of privilege. Defendant appealed to this court from the order overruling his plea of privilege.

While the appeal is pending in this court plaintiff filed motion in the trial court for a nonsuit which the trial court granted and dismissed the cause without prejudice to plaintiff.

[217]*217Plaintiff has filed her motion to dismiss defendant’s appeal.

During the pendency of appeal from order overruling plea of privilege, the trial court possesses the authority to permit non-suit at instance of plaintiff, since the power of the trial court to try the case on the merits was not suspended during pendency of appeal from such order. And the question of whether the trial court erred in overruling the plea of privilege is now moot in this court. Slaughter v. Carter, Tex.Civ.App. (Waco) NWH, 410 S.W.2d 496; McNeill v. Hubert, 119 Tex. 18, 23 S.W.2d 331; Bray v. Compton, Tex.Civ.App. (Waco) NWH, 376 S.W.2d 436; ABC Rendering, Inc. v. Martin, Tex.Civ.App. (Waco) NWH, 407 S.W.2d 551.

Motion granted. Appeal dismissed at cost of appellee.

APPEAL DISMISSED.

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620 S.W.2d 216, 1981 Tex. App. LEXIS 3974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngblood-v-youngblood-texapp-1981.

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