IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
OCTOBER 18, 2001
______________________________WESTSIDE PAINT AND BODY, INC.,
Appellant
v.
U. S. EMPLOYEES CREDIT UNION,
Appellee _________________________________
FROM THE COUNTY CIVIL COURT AT LAW NO. 1 OF HARRIS COUNTY;
NO. 737-549; HON. R. JACK CAGLE, PRESIDING _______________________________
Before BOYD, CJ., QUINN and JOHNSON, JJ.
Westside Paint and Body, Inc. (Westside) appeals from a trial court's judgment entered on May 18, 2001. The clerk's record was filed June 29, 2001. However, the record does not reflect a request for the reporter's record. Thus, the appellant's brief came due on July 30, 2001. Tex. R. App. P. 38.6 (stating that the brief is due 30 days after the date the clerk's or reporter's record is filed, whichever is later). Because Westside did not file said brief by that date, we informed it, by letter on August 31, 2001, that its appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 42.3 unless it responded within ten days and showed good cause for continuing the appeal. On September 6, 2001, Westside filed a motion requesting an extension of the August 31, 2001 deadline to September 18, 2001. Said motion was granted. However, no brief was filed. Rather, on September 19, 2001, Westside requested a second extension seeking 14 more days to file its brief. It represented that a settlement offer was under consideration. We granted Westside the additional time sought and directed that the brief be filed by October 3, 2001. To date, we have received neither a brief, motion for extension, nor notification of a settlement.
Accordingly, we dismiss this appeal for want of prosecution pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c).
Brian Quinn
Justice
Do not publish.
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NO. 07-10-00388-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
OCTOBER 25, 2010
IN RE YORKSHIRE INSURANCE CO., LTD. AND OCEAN MARINE INSURANCE CO., LTD.
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ORDER
On October 1, 2010, this Court received a petition for writ of mandamus filed by Yorkshire Insurance Company, Ltd., and Ocean Marine Insurance Company, Ltd., requesting the issuance of mandamus to overrule the trial courts order granting Cynthia Fishers motion to quash oral deposition. In addition to quashing the deposition of Fisher, the order further declared that documents identified as Privileged Documents 1-44, Delivered From Jody Sheets To Mark Buzzard In Open Court On January 8th, 2003, with label Defendants # 3, are protected by lawyer-client privilege. Responses to this petition were received from the Segers and from Fisher on October 18.
On October 6, 2010, the Court received Relators Motion for Temporary Relief. The motion indicates that trial in the underlying cause is set to begin on November 1. Insurers contend that the evidence they are being denied by the trial courts order is material and essential to their defense. As such, Insurers pray that this Court issue an order staying the underlying trial proceedings pending a ruling on the petition for mandamus. While the Insurers certificate of conference indicates that the Segers oppose the motion, no response to the motion has been filed.
As the evidence that is denied the Insurers by the trial courts order granting Cynthia Fishers motion to quash oral deposition appears that it may be material and essential to Insurers defense in the underlying proceeding, the Court hereby grants the motion for temporary relief and orders that the proceedings in the 84th District Court of Hutchinson County, Texas, are stayed pending this Courts ruling on Insurers petition for writ of mandamus.
Per Curiam