Officer Endsley, Individually and Acting in His Official Capacity as Deputy Sheriff v. David Krutilek, Individually and as Representative of the Estate of Natasha Revet Krutilek

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00003-CV

______________________________

OFFICER ENDSLEY, INDIVIDUALLY AND

ACTING IN HIS OFFICIAL CAPACITY AS

DEPUTY SHERIFF, Appellant

 

V.

 

DAVID KRUTILEK, INDIVIDUALLY AND AS

REPRESENTATIVE OF THE ESTATE OF

NATASHA REVET KRUTILEK, Appellee

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On Appeal from the 123rd Judicial District Court

Panola County, Texas

Trial Court No. 2003-038-A

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Officer Stephen Endsley has appealed from the denial of his motions for summary judgment based on claims of official immunity. The record was filed January 27, 2006, and the appellant filed his brief March 8, 2006. After two extensions, the appellee's brief was due May 8, 2006. Our Clerk's office has attempted to contact counsel on several occasions. We have been informed by staff for counsel in both offices that the matter has been finally settled, and staff at the appellant's office informed us over ten days ago that a motion to dismiss would be promptly filed. No such motion has been filed, and our subsequent efforts to contact counsel have been without result, as counsel has failed to return our telephone calls or to otherwise contact this Court.

            We dismiss the appeal.

 

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

 

Date Submitted:          June 12, 2006

Date Submitted:          June 13, 2006

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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-10-00054-CR

                                                ______________________________

 

 

                                 RICKY LYNN BAKER, JR., Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                       On Appeal from the 188th Judicial District Court

                                                             Gregg County, Texas

                                                          Trial Court No. 38,030-A

 

                                                                                                   

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter

                                                     MEMORANDUM  OPINION

 

            Ricky Lynn Baker, Jr., appellant, has filed with this Court a motion to dismiss his appeal.  The motion is signed by Baker and by his counsel in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 42.2(a).  As authorized by Rule 42.2, we grant the motion.  See Tex. R. App. P. 42.2.

            Accordingly, we dismiss the appeal.

 

                                                                        Jack Carter

                                                                        Justice

 

Date Submitted:          September 7, 2010

Date Decided:             September 8, 2010

 

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