Court of Civil Appeals of Texas, 2004

Lynda Risinger-Hersey and Reginald S.Y. Lee v. Cynthia Hersey, Trustee of the Frank J. Hersey Family Trust, Justin Hersey and Travis J. Hersey

Lynda Risinger-Hersey and Reginald S.Y. Lee v. Cynthia Hersey, Trustee of the Frank J. Hersey Family Trust, Justin Hersey and Travis J. Hersey
Court of Civil Appeals of Texas · Decided March 12, 2004

Lynda Risinger-Hersey and Reginald S.Y. Lee v. Cynthia Hersey, Trustee of the Frank J. Hersey Family Trust, Justin Hersey and Travis J. Hersey

Opinion

IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


MARCH 12, 2004

____________________________


NO. 07-03-0219-CV


LYNDA RISINGER-HERSEY AND REGINALD S.Y. LEE, APPELLANTS


V.


CYNTHIA HERSEY, TRUSTEE OF THE FRANK J. HERSEY FAMILY TRUST,

JUSTIN HERSEY AND TRAVIS HERSEY, ET AL., APPELLEES

_________________________________


NO. 07-03-0339-CV


REGINALD S.Y. LEE, APPELLANT


V.


THE FRANK J. HERSEY FAMILY TRUST, JUSTIN HERSEY

AND TRAVIS HERSEY, APPELLEES

_________________________________


NO. 07-04-0041-CV


REGINALD S.Y. LEE, APPELLANT


V.


JUSTIN HERSEY, TRAVIS J. HERSEY AND THE FRANK

J. HERSEY FAMILY TRUST, APPELLEES

_______________________________


FROM THE COUNTY COURT AT LAW NO. 1 OF MONTGOMERY COUNTY;


NO. 01-15925-P; HONORABLE DENNIS WATSON, JUDGE

_______________________________


Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

ORDER ON MOTIONS

The court has considered the submissions of the parties in response to our February 17, 2004 letter concerning determination of the trial court's jurisdiction. After reviewing the documents submitted, and portions of the record, we have determined we will not review the jurisdictional issue prior to submission of the other issues. The clerk's record in 07-03-0219-CV is due on March 26, 2004. The parties' briefs in that appeal will be due in accordance with Rule of Appellate Procedure 38.6.

Also pending before the court is appellees' motion to transfer appellant's appeal from the second turnover order from the Ninth Court of Appeals to this court, to consolidate it with the appeal from the first turnover order, pending under docket number 07-03-0339-CV, and to set dates for the filing of the parties' briefs. Pursuant to an order of the Supreme Court, the appeal was transferred to this court on January 28, 2004 and was assigned docket number 07-04-0041-CV. This action rendered moot appellees' request to transfer that appeal. The Rules of Appellate Procedure do not provide for the consolidation of appeals and the request to do so is denied. However, in the interest of economy, we authorize the parties to file briefs addressing both appeals. On the filing of the record in 07-04-0041-CV, appellant shall have 30 days to file a brief supplementing or replacing his brief in 07-03-0339-CV. Appellees then shall have 30 days to file a brief addressing both appeals.

The court reserves ruling on the Herseys' requests to hold Lee in contempt and to impose sanctions.

Per Curiam

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NO. 07-11-0024-CV

                                                                             

                                                   IN THE COURT OF APPEALS

 

                                       FOR THE SEVENTH DISTRICT OF TEXAS

 

                                                                 AT AMARILLO

 

                                                                      PANEL B

 

                                                           FEBRUARY 16, 2011

                                            ______________________________

 

                                                      CRAIG E. MENDENHALL,

                                                                                                            Appellant

V.

 

DR. DHIRAJAL PATEL, DR. BENJAMIN LEEAH,

JOHN H. ADAMS, TOSHA JAMES,

 

                                                                                                            Appellee

_________________________________

 

                        FROM THE 251st DISTRICT COURT OF POTTER COUNTY;

 

                      NO. 98,7721-00-C; HONORABLE ANA ESTEVEZ, PRESIDING

                                           _______________________________

 

                                                  ORDER DISMISSING APPEAL

    _______________________________

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant has filed a motion to dismiss.  Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal.  Having dismissed the appeal at appellant=s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

 

 

Brian Quinn

       Chief Justice

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