Wednesday, June 25, 2008

Party's death does not end pending appeal

Appeal continues and is decided as if appellant had not died. Court states why in dicta.

Holiday World’s “Motion to Conclude Appeal Despite Appellant’s Death” under Texas Rule of Appellate Procedure 7.1(a) is overruled as moot. See Tex. R. App. P. 7.1(a) (“If a party to a civil case dies after the trial court renders judgment but before the case has been finally disposed of on appeal, the appeal may be perfected, and the appellate court will proceed to adjudicate the appeal as if all parties were alive. The appellate court’s judgment will have the same force and effect as if rendered when all parties were living. The decedent party’s name may be used on all papers.”).

Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft) (motor home purchase, DTPA, mistrial, Batson challenge)
Opinion by Justice Taft Before Justices Taft, Keyes and Alcala
01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N.A.Appeal from 281st District Court of Harris County
Trial Court Judge: Hon. David J. Bernal

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