Order entered September 16, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00957-CV
BRIAN A. SMALE, Appellant
V.
JOHN S. SMALE, PAMELA ANN WILLIAMS, JASON L. WILLIAMS, AND
MICHELLE WILLIAMS, Appellees
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-50581-2014
ORDER
This is a pro se appeal from the trial court’s July 18, 2015 order of dismissal. According
to appellant’s docketing statement, which was served on Evaleen M. Davis via email, appellees
Pamela Ann Williams, Jason L. Williams, and Michelle Williams are represented by Ms. Davis.
However, in an August 24, 2015 amended notice of nonrepresentation, Ms. Davis stated she
represented appellee John S. Smale, who is deceased, in the trial court but is not “represent[ing]
anyone in connection with this matter.” In a supplement to the amended nonrepresentation
notice, Ms. Davis stated that she “received by email a document purporting to show [appellant]
appearing on behalf of the estate of John S. Smale.”
Generally, if a party to a civil case dies after the trial court renders judgment but before
the case has been finally disposed on appeal, the appeal will proceed as if all parties were alive.
See TEX. R. APP. P. 7.1(a)(1). Although the clerk’s record has not been filed, documents filed in
another case involving the same parties reflect John S. Smale died April 9, 2014, before the trial
court rendered judgment in this case. Where a party dies before the decision of the trial court is
rendered, Texas Rules of Civil Procedure 150-155 apply. See TEX. R. CIV. P. 150-155.
To better understand the posture of this case and because the appellate record is not due
until November 16, 2015, we ORDER Collin County District Clerk Andrea Stroh Thompson to
file, no later than September 25, 2015, a supplemental clerk’s record containing the latest filed
pleadings by all parties, the trial court’s docket sheet, and all orders of the trial court, including
the July 18, 2015 order of dismissal. We DIRECT the Clerk of this Court to send a copy of this
order to the Honorable Jill Willis, Presiding Judge of the 429th Judicial District Court; Ms.
Thompson; Ms. Davis; and Brian A. Smale. We further DIRECT the Clerk to send a copy to
Pamela Smale Williams at wizardress.of.aahs@gmail.com and Jason Lawrence Williams at
jwilliams9106@yahoo.com.
/s/ CRAIG STODDART
JUSTICE