Opinion
03-24-00593-CV
10-29-2024
Akumba Harvey, Appellant v. Wayne Allen Dorris as The Representative of The Estate of Brenda Armour, Appellee
FROM THE 169TH DISTRICT COURT OF BELL COUNTY NO. 321,440-C, THE HONORABLE CARI L. STARRITT-BURNETT, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Triana and Kelly
ORDER AND MEMORANDUM OPINION
PER CURIAM
Pending before the Court are (1) Appellee's opposed request to restyle this appeal and (2) Appellant's unopposed motion to abate this appeal and stay the current deadlines for requesting and arranging to pay for the appellate record.
Appellee in his restyling request says that he should be styled in this appeal as "Wayne Allen Dorris" and not as "Wayne Allen Dorris as The Representative of The Estate of Brenda Armour" as the appeal's style currently reflects. He says that he was sued, and appeared, in the underlying suit only in his personal capacity. In response, Appellant opposes the restyling request, arguing that the capacity questions that the request raises are central to the appeal's merits.
With exceptions not relevant here, the style of the appeal before us should track the style used in the trial-court judgment or order that is the subject of the appellant's notice of appeal. See Impact Floors of Tex., L.P. v. At Your Disposal, Inc., No. 03-18-00294-CV, 2019 WL 2939261, at *0 n.1 (Tex. App.-Austin July 9, 2019, no pet.) (mem. op.); Compton v. Jue, No. 01-16-00412-CV, 2017 WL 3389644, at *1 n.1 (Tex. App.-Houston [1st Dist.] Aug. 8, 2017, pet. denied) (mem. op.). We therefore-without commenting on the merits of the appeal-order that this appeal be restyled so that Appellee's name tracks what is shown in the trial court's judgment being appealed, "Wayne Allen Dorris."
As for Appellant's unopposed motion to abate this appeal and stay the current deadlines for requesting and arranging to pay for the record, Appellant represents in the motion that the parties have tentatively scheduled a mediation and asks that the motion be granted so that the parties may engage in settlement negotiations. Appellant requests a 60-day abatement. We grant the motion, abate this appeal until further order of this Court, and stay the current deadlines for requesting and arranging to pay for the appellate record. The parties shall submit either a joint status report or a motion to dismiss or reinstate this appeal by December 30, 2024.
It is ordered on October 29, 2024.
Abated