Juan Anthony White v. State
Juan Anthony White v. State
Opinion
IN THE
TENTH COURT OF APPEALS
No. 10-11-00024-CV
Juan Anthony White,
Appellant
v.
The State of Texas,
Appellee
From the 220th District Court
Bosque County, Texas
Trial Court No. 06-11-14061-BCCR
MEMORANDUM Opinion
The brief in this appeal was originally due to be filed by April 25, 2011. This Court granted Juan Anthony White’s motion for extension of time to file his brief, and the brief was then due to be filed by June 24, 2011. In a letter dated July 8, 2011, the Clerk of this Court notified White that pursuant to Rules 38.8(a)(1) and 42.3 of the Texas Rules of Appellate Procedure, the Court would dismiss the appeal for want of prosecution unless, within 21 days of the date of the letter, a brief was filed. Tex. R. App. P. 42.3(b). The brief was due to be filed on July 29, 2011. No brief has been filed.
Accordingly, the appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed August 31, 2011
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[CV06]
ailed to produce any evidence of "a high degree of mental pain and distress" and that the evidence showed nothing more than "mere worry, anxiety, vexation, embarrassment, or anger," which would not support an award for mental anguish. Id.
We will not reproduce the evidence relating to the award of mental anguish, which is detailed in our original opinion. Suffice it to say, however, that Claudette produced direct evidence of the nature, duration, and severity of her mental anguish, both in the form of her own testimony and that of psychiatrist Dr. Ricardo Schack. Dr. Schack's expert testimony, in particular, added additional weight to Claudette's testimony about the existence, nature, duration, and severity of her mental anguish. Moreover, the extraordinary and egregious nature of the disturbing event, i.e., essentially being accused by Dr. Griffith of complicity in her husband's death, is a quantum leap ahead of the event in Woodruff—merely having one's house flooded. Id. at 445 & n.10. Surely, such an allegation is reasonably calculated to produce a high degree of mental pain and distress and something more than the mere worry, anxiety, vexation, embarrassment, or anger that attends the ordinary vicissitudes of life.
Because the record contains some direct evidence of the degree of mental anguish that will support a recovery, we adhere to our original ruling on British American's legal-sufficiency point. Considering the record as a whole, we likewise refuse to alter our ruling on the evidence's factual sufficiency. Unlike the jury in Woodruff, the jury here was not left to speculate on the existence of compensable mental anguish. Id. at 444. We deny British
American's motion for a rehearing.
PER CURIAM
Before Chief Justice Thomas,
Justice Cummings, and
Justice Vance
Motion for rehearing denied
Opinion issued and filed February 14, 1996
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