Arson defendant's legal competency unclear - appeal abated for judicial determination of competency to stand trial.
Quentin Paul Freeman, Sr. v. The State of Texas, NO. 03-05-00659-CR (Tex.App.- Austin, Mar. 5, 2008)(Opinion by Justice Henson) (competency of defendant to be determined judicially) (Before Justices Patterson, Puryear and Henson)
Appeal from 21st District Court of Bastrop County
M E M O R A N D U M O P I N I O N
Quentin Paul Freeman, Sr., appeals his conviction for arson of a habitation, a first-degree felony. See Tex. Penal Code Ann. §§ 28.02(a)(2), (d)(2) (West Supp. 2007). In three issues, Freeman complains that he was put to trial after having been found incompetent, violating his due process rights; that the trial court's sua sponte substitution of his counsel without good cause violated his right to counsel; and that he received ineffective assistance of counsel.
The State responds that, due to a clerical error, copies of three documents relating to Freeman's competency were not filed with the trial court in this case, having been accidentally filed in duplicate in another pending case against Freeman, cause number 11,005. These documents include the official report issued by Dr. Joseph Black of Vernon's State Hospital giving notice that Freeman had received treatment and was now competent to stand trial; a psychological evaluation from the hospital's chief psychologist, Dr. B. Thomas Gray, indicating that Freeman had engaged in "feigning and exaggeration" in order to appear incompetent to stand trial; and the follow-up report of the court-appointed psychiatrist, Dr. Susan Stone, who had originally found Freeman incompetent but now determined that he was competent to stand trial.
In light of the evidence of Freeman's competency, the State argues that, while there is no record of the trial court's finding that Freeman had regained competency, the proper procedure is to abate Freeman's appeal to allow the trial court to make the necessary finding on the record. See Schaffer v. State, 583 S.W.2d 627, 630 (Tex. Crim. App. [Panel Op.] 1979) (op. on reh'g); Bradford v. State, 172 S.W.3d 1, 6 (Tex. App.--Fort Worth 2005, no pet.). See also Johnson v. State, Nos. 2-05-205-CR, 2-05-206-CR, 2006 Tex. App. LEXIS 8020, at *21 (Tex. App.--Fort Worth June 22, 2006, no writ) (not designated for publication).
Letters from a psychiatrist or psychiatric evaluations containing recitations of competency are evidentiary only; they cannot operate as a substitute for a judicial determination of a defendant's competency to stand trial. Bell v. State, 814 S.W.2d 229, 232 (Tex. App.--Houston [1st Dist.] 1991, pet. ref'd). Instead, the record must contain a judgment, order, docket entry, or other evidence that the trial court actually made a determination of competency. Schaffer, 583 S.W.2d at 631. As the State concedes, the record in this case contains no such determination.
The appeal is abated and the cause remanded to the trial court for a judicial determination regarding Freeman's competency at the time of his trial. See id. at 630; Fuller v. State, 11 S.W.3d 393, 395 (Tex. App.--Texarkana 2000, order), disp. on merits, 30 S.W.3d 441 (Tex. App.--Texarkana 2000, pet. ref'd). A supplemental record containing these findings shall be tendered to the Clerk of this Court for filing no later than forty-five days following the date of this opinion. If the parties thereafter choose to supplement their briefing, appellant Freeman will have thirty days to file a supplemental brief raising any points of error challenging the trial court's findings, and the State will have the same amount of time to file a responsive brief.
__________________________________________
Diane Henson, Justice
Before Justices Patterson, Puryear and Henson
Abated
Filed: March 5, 2008
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Friday, March 7, 2008
Sunday, February 3, 2008
Counsel did not file brief; appellant given another chance to go forward with appeal
ABATED: Opinion by Justice Henson (Before Justices Patterson, Puryear and Henson)
03-07-00395-CR
Pauline Faye Jones v. The State of Texas--Appeal from 264th District Court of Bell County
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 60315, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant is represented by appointed counsel, Bobby Dale Barina. Counsel's brief was originally due September 27, 2007. The time for filing was extended twice on counsel's motion, most recently to November 28, 2007. The brief has not been received.
The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether the attorney appointed by the court has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this cause. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than February 29, 2008. Tex. R. App. P. 38.8(b)(3).
__________________________________________
Diane Henson, Justice
Before Justices Patterson, Puryear and Henson
Abated
Filed: January 31, 2008
Do Not Publish
03-07-00395-CR
Pauline Faye Jones v. The State of Texas--Appeal from 264th District Court of Bell County
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 60315, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant is represented by appointed counsel, Bobby Dale Barina. Counsel's brief was originally due September 27, 2007. The time for filing was extended twice on counsel's motion, most recently to November 28, 2007. The brief has not been received.
The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether the attorney appointed by the court has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this cause. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than February 29, 2008. Tex. R. App. P. 38.8(b)(3).
__________________________________________
Diane Henson, Justice
Before Justices Patterson, Puryear and Henson
Abated
Filed: January 31, 2008
Do Not Publish
Chief Justice Law gives appellate attorney (and client) another chance, abates appeal
ABATED: Opinion by Chief Justice Law (Before Chief Justice Law, Justices Pemberton and Waldrop)
03-07-00231-CR
Bennie Paul Rangel v. The State of Texas
Appeal from 26th District Court of Williamson County
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 06-819-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant's brief was due November 5, 2007. Appellant's retained attorney, David Aaron Pina, did not respond to the Court's notice that the brief is overdue.
The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and, if he is not indigent, whether retained counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the clerk of the Court for filing as a supplemental record no later than February 29, 2008. Tex. R. App. P. 38.8(b)(3).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Pemberton and Waldrop
Abated
Filed: January 29, 2008
Do Not Publish
03-07-00231-CR
Bennie Paul Rangel v. The State of Texas
Appeal from 26th District Court of Williamson County
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 06-819-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant's brief was due November 5, 2007. Appellant's retained attorney, David Aaron Pina, did not respond to the Court's notice that the brief is overdue.
The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and, if he is not indigent, whether retained counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the clerk of the Court for filing as a supplemental record no later than February 29, 2008. Tex. R. App. P. 38.8(b)(3).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Pemberton and Waldrop
Abated
Filed: January 29, 2008
Do Not Publish
Saturday, January 19, 2008
Scott Colin Wright v. Rosa Maria Delgado, Individually and as next friend of M. D. and D. D., Minor Children, all within an Interest in the Estate of Jose Alfredo Delgado, Deceased--Appeal from 169th District Court of Bell County
M E M O R A N D U M O P I N I O N
Appellant Scott Colin Wright and appellees Rosa Maria Delgado, et. al., have filed a joint motion to abate this appeal and remand the proceedings to the district court. The joint motion provides that the parties have reached a settlement agreement and that if the trial court approves the settlement, the parties will file a joint motion to dismiss the appeal. Accordingly, we grant the motion, abate the appeal, and permit proceedings in the trial court to effectuate the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(C).
__________________________________________
Bob Pemberton, Justice
Before Justices Patterson, Pemberton and Waldrop
Abated
Filed: January 18, 2008
January 18, 2008
Civil Causes Decided:
ABATED: Opinion by Justice Pemberton (Before Justices Patterson, Pemberton and Waldrop)
03-06-00630-CV
Scott Colin Wright v. Rosa Maria Delgado, Individually and as next friend of M. D. and D. D., Minor Children, all within an Interest in the Estate of Jose Alfredo Delgado, Deceased--Appeal from 169th District Court of Bell County
M E M O R A N D U M O P I N I O N
Appellant Scott Colin Wright and appellees Rosa Maria Delgado, et. al., have filed a joint motion to abate this appeal and remand the proceedings to the district court. The joint motion provides that the parties have reached a settlement agreement and that if the trial court approves the settlement, the parties will file a joint motion to dismiss the appeal. Accordingly, we grant the motion, abate the appeal, and permit proceedings in the trial court to effectuate the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(C).
__________________________________________
Bob Pemberton, Justice
Before Justices Patterson, Pemberton and Waldrop
Abated
Filed: January 18, 2008
January 18, 2008
Civil Causes Decided:
ABATED: Opinion by Justice Pemberton (Before Justices Patterson, Pemberton and Waldrop)
03-06-00630-CV
Scott Colin Wright v. Rosa Maria Delgado, Individually and as next friend of M. D. and D. D., Minor Children, all within an Interest in the Estate of Jose Alfredo Delgado, Deceased--Appeal from 169th District Court of Bell County
Tuesday, December 11, 2007
Save Our Springs Alliance v. City of Dripping Springs (Tex.App. Austin 2007)
Save Our Springs Alliance v. City of Dripping Springs; Todd Purcell, in his Official Capacity as Mayor of the City of Dripping Springs; and Mak Foster Ranch, L.P., No. 03-04-00683-CV (Tex.App.- Austin, Dec. 7, 2007)(Opinion by Chief Justice Law ) (bankruptcy abatement) (Before Chief Justice Law, Justices Pemberton and Waldrop)
Appeal from 207th District Court of Hays County
FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT
NO. 02-1748, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant Save Our Springs Alliance (SOS) has moved to abate the proceedings in this appeal. Although SOS filed for bankruptcy protection, this appeal proceeded under a lift of the automatic stay by the bankruptcy court (In re Save Our Springs Alliance, Inc., No. 07010642-FM, United States Bankruptcy Court, Western District of Texas, Austin Division, Chapter 11). That court has now approved a settlement agreement between SOS and Mak Foster Ranch, L.P. Part of that agreement requires an abatement of this case for the parties to complete certain conditions precedent before a dismissal of SOS's claims against Mak Foster Ranch. We grant the motion to abate. SOS should file a status report thirty days after the date of this opinion informing the Court about the progress made toward fulfilling the conditions precedent. At that time, SOS should also inform us concerning the effect, if any, of the bankruptcy settlements (1) on SOS's claims against the City of Dripping Springs and Todd Purcell in his capacity as mayor. (2)
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Pemberton and Waldrop
Abated
Filed: December 7, 2007
1. SOS has dismissed its claims against Cypress-Hays, L.P., who is no longer a party to this case. See Save Our Springs Alliance v. City of Dripping Springs, No. 03-04-683-CV, slip. op., (Tex. App.--Austin Dec. 7, 2007) (order).
2. SOS has also filed a motion to expedite our ruling on the motion to abate. Inasmuch as the certificate of conference on the motion to abate noted that counsel for the City of Dripping Springs and Todd Purcell did not agree to the motion to abate, we waited until the expiration of the ten-day response period. See Tex. R. App. P. 10.3(a). No response indicating a reason for opposition has been filed. As we are now ruling on the motion to abate, the motion to expedite is dismissed as moot.
Appeal from 207th District Court of Hays County
FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT
NO. 02-1748, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant Save Our Springs Alliance (SOS) has moved to abate the proceedings in this appeal. Although SOS filed for bankruptcy protection, this appeal proceeded under a lift of the automatic stay by the bankruptcy court (In re Save Our Springs Alliance, Inc., No. 07010642-FM, United States Bankruptcy Court, Western District of Texas, Austin Division, Chapter 11). That court has now approved a settlement agreement between SOS and Mak Foster Ranch, L.P. Part of that agreement requires an abatement of this case for the parties to complete certain conditions precedent before a dismissal of SOS's claims against Mak Foster Ranch. We grant the motion to abate. SOS should file a status report thirty days after the date of this opinion informing the Court about the progress made toward fulfilling the conditions precedent. At that time, SOS should also inform us concerning the effect, if any, of the bankruptcy settlements (1) on SOS's claims against the City of Dripping Springs and Todd Purcell in his capacity as mayor. (2)
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Pemberton and Waldrop
Abated
Filed: December 7, 2007
1. SOS has dismissed its claims against Cypress-Hays, L.P., who is no longer a party to this case. See Save Our Springs Alliance v. City of Dripping Springs, No. 03-04-683-CV, slip. op., (Tex. App.--Austin Dec. 7, 2007) (order).
2. SOS has also filed a motion to expedite our ruling on the motion to abate. Inasmuch as the certificate of conference on the motion to abate noted that counsel for the City of Dripping Springs and Todd Purcell did not agree to the motion to abate, we waited until the expiration of the ten-day response period. See Tex. R. App. P. 10.3(a). No response indicating a reason for opposition has been filed. As we are now ruling on the motion to abate, the motion to expedite is dismissed as moot.
Wednesday, October 3, 2007
PROBATE BANKRUPTCY STAY
The Estate of Derrich D. Pollock, Deceased; System 5 Trading Fund; Rod Watkins; Steve Watkins; Julee Pollock, as Administrator of the Estate of Derrich D. Pollock, Deceased, and Julee Pollock, Individually v. Ronald Moyer, Dianne Moyer and James L. Johnson, No. 03-07-00430-CV (Tex.App.- Austin, Oct. 3, 2007)(Opinion by Chief Justice Law (Before Chief Justice Law, Justices Puryear and Waldrop)
FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY,
NO. 86345A, HONORABLE GUY S. HERMAN, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
This Court has received notice that appellant Julee Pollock has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Austin Division, Chapter 11, No. 07-11688). Thus, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8. Any party may file a motion to reinstate upon the occurrence of an event that would allow the appeal to proceed. See Tex. R. App. P. 8.3. Failure to notify this Court of a lift of the automatic stay or termination of the bankruptcy case may result in dismissal of this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Waldrop
Bankruptcy
Filed: October 3, 2007
The Estate of Derrich D. Pollock, Deceased; System 5 Trading Fund; Rod Watkins; Steve Watkins; Julee Pollock, as Administrator of the Estate of Derrich D. Pollock, Deceased, and Julee Pollock, Individually v. Ronald Moyer, Dianne Moyer and James L. Johnson, No. 03-07-00430-CV (Tex.App.- Austin, Oct. 3, 2007)(Opinion by Chief Justice Law (Before Chief Justice Law, Justices Puryear and Waldrop)
FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY,
NO. 86345A, HONORABLE GUY S. HERMAN, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
This Court has received notice that appellant Julee Pollock has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Austin Division, Chapter 11, No. 07-11688). Thus, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8. Any party may file a motion to reinstate upon the occurrence of an event that would allow the appeal to proceed. See Tex. R. App. P. 8.3. Failure to notify this Court of a lift of the automatic stay or termination of the bankruptcy case may result in dismissal of this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Waldrop
Bankruptcy
Filed: October 3, 2007
Tuesday, October 2, 2007
ABATED Sep 21, 2007: Opinion by Justice Henson (Before Chief Justice Law, Justices Waldrop and Henson)
03-07-00053-CV
Jeffrey Roland Boggess v. Estate of Martha Blakley, with Betsy Blakley, the Independent Executor of the Estate of Martha Blakely--Appeal from 98th District Court of Travis County
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT
NO. D-1-FM-04-005498, HONORABLE PAUL DAVIS, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
This cause is before the Court on the parties' joint motion to abate appeal pending settlement. We grant the parties' joint motion to abate appeal. The parties are ordered to report to this Court on the status of this matter on or before sixty days from the date of this opinion. If settlement is complete, the parties shall file a proper motion in this Court to dispose of the appeal. If additional time is needed to complete the settlement proceedings, the parties shall advise the Court of the additional time needed to complete settlement.
Diane Henson, Justice
Before Chief Justice Law, Justices Waldrop and Henson
Abated
Filed: September 21, 2007
03-07-00053-CV
Jeffrey Roland Boggess v. Estate of Martha Blakley, with Betsy Blakley, the Independent Executor of the Estate of Martha Blakely--Appeal from 98th District Court of Travis County
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT
NO. D-1-FM-04-005498, HONORABLE PAUL DAVIS, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
This cause is before the Court on the parties' joint motion to abate appeal pending settlement. We grant the parties' joint motion to abate appeal. The parties are ordered to report to this Court on the status of this matter on or before sixty days from the date of this opinion. If settlement is complete, the parties shall file a proper motion in this Court to dispose of the appeal. If additional time is needed to complete the settlement proceedings, the parties shall advise the Court of the additional time needed to complete settlement.
Diane Henson, Justice
Before Chief Justice Law, Justices Waldrop and Henson
Abated
Filed: September 21, 2007
Thursday, September 20, 2007
Appellant given chance to show indigence - Appeal abated for hearing in trial court
James Earl Crayton, Sr. v. Doris Lanett Crisp, No. 03-06-00635-CV (Tex.App.- Austin, Sep. 19 ,2007)(Opinion by Justice Patterson)( indigence hearing ordered)(Before Justices Patterson, Puryear and Pemberton)
Appeal from County Court at Law No. 3 of Williamson County
FROM THE COUNTY COURT AT LAW NO. 3 OF WILLIAMSON COUNTY
NO. 05-915-FC3, HONORABLE DONALD HIGGINBOTHAM, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant filed his notice of appeal in the instant cause on October 24, 2006, without paying the filing fee or filing an affidavit of indigence. (1) The clerk's record is overdue, and the District Clerk of Williamson County has informed this Court that the clerk's record will not be forwarded to this Court because appellant has not made arrangements to pay for it. Appellant claims he is indigent.
Pursuant to Texas Rule of Appellate Procedure 20.1, we abate this appeal and refer this matter to the trial court to conduct an evidentiary hearing on appellant's claim of indigence. See Tex. R. App. P. 20.1(h)(4), (i). The trial court shall give the parties reasonable notice of the date on which the hearing will be heard and shall permit appellant to file a proper affidavit of indigence any time before that date. Tex. R. App. P. 20(i); see Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898, 899-900 (Tex. 2006). After the hearing, the trial court shall make appropriate findings and enter an order granting the appropriate relief. See Tex. R. App. P. 20.1(h)(4). A clerk's record containing the documents relating to appellant's claim of indigence and a reporter's record of any evidentiary hearing conducted pursuant to this opinion shall be filed with this Court on or before October 31, 2007.
This appeal will be reinstated when the record on the hearing regarding appellant's claim of indigence is filed.
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Pemberton
Abated
Filed: September 19, 2007
1. Appellant filed a letter stating that he was indigent.
Appeal from County Court at Law No. 3 of Williamson County
FROM THE COUNTY COURT AT LAW NO. 3 OF WILLIAMSON COUNTY
NO. 05-915-FC3, HONORABLE DONALD HIGGINBOTHAM, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant filed his notice of appeal in the instant cause on October 24, 2006, without paying the filing fee or filing an affidavit of indigence. (1) The clerk's record is overdue, and the District Clerk of Williamson County has informed this Court that the clerk's record will not be forwarded to this Court because appellant has not made arrangements to pay for it. Appellant claims he is indigent.
Pursuant to Texas Rule of Appellate Procedure 20.1, we abate this appeal and refer this matter to the trial court to conduct an evidentiary hearing on appellant's claim of indigence. See Tex. R. App. P. 20.1(h)(4), (i). The trial court shall give the parties reasonable notice of the date on which the hearing will be heard and shall permit appellant to file a proper affidavit of indigence any time before that date. Tex. R. App. P. 20(i); see Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898, 899-900 (Tex. 2006). After the hearing, the trial court shall make appropriate findings and enter an order granting the appropriate relief. See Tex. R. App. P. 20.1(h)(4). A clerk's record containing the documents relating to appellant's claim of indigence and a reporter's record of any evidentiary hearing conducted pursuant to this opinion shall be filed with this Court on or before October 31, 2007.
This appeal will be reinstated when the record on the hearing regarding appellant's claim of indigence is filed.
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Pemberton
Abated
Filed: September 19, 2007
1. Appellant filed a letter stating that he was indigent.
Bankruptcy puts appeal on hold
Evans P. Weaver v. James Korenek and Kelli Korenek, No. 03-07-00121-CV (Tex.App.- Austin, Sep. 19, 2007)(Opinion by Justice Pemberton)(bankruptcy stay)(Before Justices Patterson, Pemberton and Waldrop)
Appeal from 201st District Court of Travis County
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-04-000697, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
On February 27, 2007, Evans P. Weaver filed a notice of appeal from a June 15, 2004 order granting final summary judgment for James and Kelli Korenek on their claims alleging breach of a settlement agreement by Weaver and Weaver Companies, L.L.C. As it appears to the Court that Weaver filed for bankruptcy during the pendency of the underlying proceedings, and they remain subject to the automatic stay, see 11 U.S.C.A. § 362(a) (2004), this appeal is abated until further order of the court. See Tex. R. App. P. 8.2, 8.3.
____________________________________
Bob Pemberton, Justice
Before Justices Patterson, Pemberton and Waldrop
Bankruptcy
Filed: September 19, 2007
Appeal from 201st District Court of Travis County
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-04-000697, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
On February 27, 2007, Evans P. Weaver filed a notice of appeal from a June 15, 2004 order granting final summary judgment for James and Kelli Korenek on their claims alleging breach of a settlement agreement by Weaver and Weaver Companies, L.L.C. As it appears to the Court that Weaver filed for bankruptcy during the pendency of the underlying proceedings, and they remain subject to the automatic stay, see 11 U.S.C.A. § 362(a) (2004), this appeal is abated until further order of the court. See Tex. R. App. P. 8.2, 8.3.
____________________________________
Bob Pemberton, Justice
Before Justices Patterson, Pemberton and Waldrop
Bankruptcy
Filed: September 19, 2007
Friday, September 7, 2007
Austin court puts appeal on hold while parties try to settle
Ray Himel, Individually; RNL, Inc.; and Gulf Coast Boats, Inc. v. Ronnie Bertagna and Dorothy Bertagna, No. 03-06-00680-CV (Tex.App.- Austin, Sep. 7, 2007)(Opinion by Chief Justice Law)(appeal abated in aid of settlement)(Before Chief Justice Law, Justices Puryear and Henson)
Appeal from 22nd District Court of Hays County
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. 05-0869, HONORABLE WILLIAM HENRY, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
The parties have filed a joint motion asking this Court to abate the appeal while they are engaging in settlement negotiations. We grant the motion and abate the appeal until November 7, 2007. If the settlement has been finalized by that date, the parties are instructed to file a motion to reinstate and dismiss the appeal in accordance with their settlement agreement. If the parties have not finalized their settlement by that date, they are instructed to file a report informing this Court about the status of the appeal and requesting an extension of the abatement.
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Henson
Abated
Filed: September 7, 2007
Appeal from 22nd District Court of Hays County
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. 05-0869, HONORABLE WILLIAM HENRY, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
The parties have filed a joint motion asking this Court to abate the appeal while they are engaging in settlement negotiations. We grant the motion and abate the appeal until November 7, 2007. If the settlement has been finalized by that date, the parties are instructed to file a motion to reinstate and dismiss the appeal in accordance with their settlement agreement. If the parties have not finalized their settlement by that date, they are instructed to file a report informing this Court about the status of the appeal and requesting an extension of the abatement.
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Henson
Abated
Filed: September 7, 2007
Sunday, August 26, 2007
Appeals consolidated for oral argument, then abated
Frederic A. Gladle v. Dustin Leifheit, Samantha Leifheit and Darryl Leifheit--Appeal from 345th District Court of Travis, No. 03-07-00027-CV (Tex.App.- Austin, Aug. 23, 2007)(Opinion by Chief Justice Law )(Before Chief Justice Law, Justices Puryear and Pemberton)
Appeal from 345th District Court of Travis County
M E M O R A N D U M O P I N I O N
These appeals were consolidated for purposes of briefing and oral argument, if any. Appellants have filed an unopposed motion to extend time to file their brief. See Tex. R. App. P. 38.6(d). However, appellants also state in their motion that they and appellees have reached a settlement in principle and need the additional time to reduce the terms of the settlement to writing, thus alleviating the need to file briefs at all. In order to allow the parties adequate time to draft their settlement documents without having to ask for multiple extensions, we will abate the case. The parties should file a status report in thirty days to inform us if additional time is necessary or if we need to set a briefing schedule because they were unable to finalize the settlement. Of course, a motion to dismiss based on settlement may be filed at any time.
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Pemberton
Abated
Filed: August 23, 2007
Appeal from 345th District Court of Travis County
M E M O R A N D U M O P I N I O N
These appeals were consolidated for purposes of briefing and oral argument, if any. Appellants have filed an unopposed motion to extend time to file their brief. See Tex. R. App. P. 38.6(d). However, appellants also state in their motion that they and appellees have reached a settlement in principle and need the additional time to reduce the terms of the settlement to writing, thus alleviating the need to file briefs at all. In order to allow the parties adequate time to draft their settlement documents without having to ask for multiple extensions, we will abate the case. The parties should file a status report in thirty days to inform us if additional time is necessary or if we need to set a briefing schedule because they were unable to finalize the settlement. Of course, a motion to dismiss based on settlement may be filed at any time.
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Pemberton
Abated
Filed: August 23, 2007
Friday, July 20, 2007
No brief filed - appeal from DFPS suit abated
Williams v. Texas DFPS 03-07-00103-CV (Tex.App.- Austin, Jul. 20, 2007)(Opinion by Chief Justice Law) (Before Chief Justice Law, Justices Puryear and Pemberton)
Full style: Kameron Williams v. Texas Department of Family and Protective Services
Disposition: ABATED
Appeal from 146th District Court of Bell County
FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT
NO. 214,846-B, HONORABLE RICK MORRIS, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant Kameron Williams filed a first amended notice of appeal with the trial court on February 14, 2007, the last volume of the clerk's record was filed on March 9, 2007, and final volume of the reporter's record was filed on March 27, 2007. Appellant's brief was therefore due on April 16, 2007. See Tex. R. App. P. 38.6(a). The brief has not been received and no extension of time has been requested or granted. On June 21, 2007, this Court sent notice that the brief was overdue to appellant's appointed counsel, Pauline Wiseman Stevens. To date, counsel has not responded to this Court's notice that the brief is overdue.
The appeal is abated.
The trial court shall conduct a hearing to determine whether appellant desires to pursue her appeal, whether she is indigent and, if she is, whether her appointed counsel has abandoned this appeal. See Tex. R. App. P. 38.8(a)(2) see also Tex. R. App. P. 38.8(b)(2).
The court shall make appropriate findings and recommendations, and a supplemental record from this hearing--including copies of all findings and orders and a transcription of the court reporter's notes--shall be forwarded to the clerk of this Court no later than August 20, 2007. See Tex. R. App. P. 38.8(b)(3).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Pemberton
Abated
Filed: July 20, 2007
Full style: Kameron Williams v. Texas Department of Family and Protective Services
Disposition: ABATED
Appeal from 146th District Court of Bell County
FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT
NO. 214,846-B, HONORABLE RICK MORRIS, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant Kameron Williams filed a first amended notice of appeal with the trial court on February 14, 2007, the last volume of the clerk's record was filed on March 9, 2007, and final volume of the reporter's record was filed on March 27, 2007. Appellant's brief was therefore due on April 16, 2007. See Tex. R. App. P. 38.6(a). The brief has not been received and no extension of time has been requested or granted. On June 21, 2007, this Court sent notice that the brief was overdue to appellant's appointed counsel, Pauline Wiseman Stevens. To date, counsel has not responded to this Court's notice that the brief is overdue.
The appeal is abated.
The trial court shall conduct a hearing to determine whether appellant desires to pursue her appeal, whether she is indigent and, if she is, whether her appointed counsel has abandoned this appeal. See Tex. R. App. P. 38.8(a)(2) see also Tex. R. App. P. 38.8(b)(2).
The court shall make appropriate findings and recommendations, and a supplemental record from this hearing--including copies of all findings and orders and a transcription of the court reporter's notes--shall be forwarded to the clerk of this Court no later than August 20, 2007. See Tex. R. App. P. 38.8(b)(3).
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Pemberton
Abated
Filed: July 20, 2007
Tuesday, July 17, 2007
Appeal Abated to Facilitate Settlement
New Braunfels Aero Service, Inc. v. City of New Braunfels (Tex.App.- Austin, Jul. 17, 2007)(Law)(abated in aid of settlement)
ABATED: Opinion by Chief Justice Law
Before Chief Justice Law, Justices Puryear and Henson)
03-06-00618-CV
Appellant, New Braunfels Aero Service, Inc.// Cross-Appellant, City of New Braunfels, Texas v. Appellee, City of New Braunfels, Texas// Cross-Appellee, New Braunfels Aero Service, Inc.--Appeal from 274th District Court of Comal County
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT
NO. C2004-0468C, HONORABLE RONALD G. CARR, JUDGE PRESIDING
ABATED: Opinion by Chief Justice Law
Before Chief Justice Law, Justices Puryear and Henson)
03-06-00618-CV
Appellant, New Braunfels Aero Service, Inc.// Cross-Appellant, City of New Braunfels, Texas v. Appellee, City of New Braunfels, Texas// Cross-Appellee, New Braunfels Aero Service, Inc.--Appeal from 274th District Court of Comal County
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT
NO. C2004-0468C, HONORABLE RONALD G. CARR, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant/cross-appellee New Braunfels Aero Service, Inc., and appellee/cross- appellant City of New Braunfels, are negotiating a settlement agreement and have filed a joint motion to temporarily stay this appeal. We grant the motion and abate this appeal until further order of this Court.
__________________________________________
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Henson
Abated
Filed: July 17, 2007
Friday, July 13, 2007
Constellation Energy Commodities Group v. PUC (Tex.App.- Austin, Jul. 13, 2007)
Constellation Energy Commodities Group, Inc. vs. Public Utility Commission of Texas,
No. 03-06-00552-CV (Tex.App.- Austin, July 13, 2007)(Opinion by Justice Waldrop )(abatement)
Appeal from of County
DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS
M E M O R A N D U M O P I N I O N
The Public Utility Commission of Texas has filed a Motion to Extend Abatement Pending Adoption of Amended Rule. The deadlines in this case were originally abated on February 27, 2007, effective until June 25, 2007. We grant the motion.
This appeal is abated until further order of this Court. The parties may file a motion to lift the abatement based on changed circumstances. This Court's order staying enforcement of portions of the challenged rule, signed September 29, 2006, and modified by order signed January 12, 2007, remains in effect. The Public Utility Commission of Texas shall file a report on the status of this case by August 20, 2007.
G. Alan Waldrop, Justice
Before Justices Puryear, Pemberton and Waldrop
Abated
Filed: July 13, 2007
No. 03-06-00552-CV (Tex.App.- Austin, July 13, 2007)(Opinion by Justice Waldrop )(abatement)
Appeal from of County
DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS
M E M O R A N D U M O P I N I O N
The Public Utility Commission of Texas has filed a Motion to Extend Abatement Pending Adoption of Amended Rule. The deadlines in this case were originally abated on February 27, 2007, effective until June 25, 2007. We grant the motion.
This appeal is abated until further order of this Court. The parties may file a motion to lift the abatement based on changed circumstances. This Court's order staying enforcement of portions of the challenged rule, signed September 29, 2006, and modified by order signed January 12, 2007, remains in effect. The Public Utility Commission of Texas shall file a report on the status of this case by August 20, 2007.
G. Alan Waldrop, Justice
Before Justices Puryear, Pemberton and Waldrop
Abated
Filed: July 13, 2007
City of Garland v. PUC (Tex.App.-Austin, Jul. 13, 2007)
City of Garland, Texas v. Public Utility Commission of Texas, No. 03-06-00571-CV (Tex.App.-Austin)(Opinion by Justice Waldrop)(abatement)
Before Justices Puryear, Pemberton and Waldrop
DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS
M E M O R A N D U M O P I N I O N
The Public Utility Commission of Texas has filed a Motion to Extend Abatement Pending Adoption of Amended Rule. The deadlines in this case were originally abated on February 27, 2007, effective until June 25, 2007. We grant the motion.
This appeal is abated until further order of this Court. The parties may file a motion to lift the abatement based on changed circumstances. This Court's order staying enforcement of portions of the challenged rule, signed September 29, 2006, and modified by order signed January 12, 2007, remains in effect. The Public Utility Commission of Texas shall file a report on the status of this case by August 20, 2007.
G. Alan Waldrop, Justice
Before Justices Puryear, Pemberton and Waldrop
Abated
Filed: July 13, 2007
Before Justices Puryear, Pemberton and Waldrop
DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS
M E M O R A N D U M O P I N I O N
The Public Utility Commission of Texas has filed a Motion to Extend Abatement Pending Adoption of Amended Rule. The deadlines in this case were originally abated on February 27, 2007, effective until June 25, 2007. We grant the motion.
This appeal is abated until further order of this Court. The parties may file a motion to lift the abatement based on changed circumstances. This Court's order staying enforcement of portions of the challenged rule, signed September 29, 2006, and modified by order signed January 12, 2007, remains in effect. The Public Utility Commission of Texas shall file a report on the status of this case by August 20, 2007.
G. Alan Waldrop, Justice
Before Justices Puryear, Pemberton and Waldrop
Abated
Filed: July 13, 2007
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