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Long v. Spradlin

Court of Appeals of Texas, Sixth District, Texarkana
May 20, 2022
No. 06-22-00026-CV (Tex. App. May. 20, 2022)

Opinion

06-22-00026-CV

05-20-2022

LARRY T. LONG, INDIVIDUALLY AND AS MANAGING TRUSTEE OF THE LONG TRUSTS, WOODBINE PRODUCTION CORPORATION AND RUSK COUNTY WELL SERVICE, INC., Appellants v. B. CHARLES SPRADLIN AND LADONNA A. SPRADLIN, Appellees


Date Submitted: May 19, 2022.

On Appeal from the County Court at Law No. 2 Gregg County, Texas Trial Court No. 2013-2527-CCL2

Before Morriss, C.J., Stevens and van Cleef, JJ.

MEMORANDUM OPINION

Josh R. Morriss, III Chief Justice.

On April 21, 2022, Larry T. Long, individually and as managing trustee of the Long Trusts; Woodbine Production Corporation; and Rusk County Well Service, Inc., appellants, filed a notice of appeal in this matter pursuant to Rules 27.1(a) and 27.2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 27.1(a), 27.2. Appellants have not filed a docketing statement in accordance with Rule 32.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 32.1.

By letter dated May 13, 2022, appellants were provided with notice of and an opportunity to cure this defect. See Tex. R. App. P. 42.3(b), (c). The clerk's letter further warned appellants that, if an adequate response to the notice was not received by May 23, 2022, this appeal would be subject to dismissal for want of prosecution and for failure to comply with the above-cited rules. Appellants did not file a docketing statement. Instead, Appellants responded to the May 13 correspondence explaining that, due to a mistrial, the trial of this matter was reset for September 12, 2022, and that, consequently, their notice of appeal was prematurely filed. Appellants asked this Court to either extend the deadline for filing the docketing statement and the record request until after the September trial or dismiss the appeal without prejudice to later refiling same.

Pursuant to Rule 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.


Summaries of

Long v. Spradlin

Court of Appeals of Texas, Sixth District, Texarkana
May 20, 2022
No. 06-22-00026-CV (Tex. App. May. 20, 2022)
Case details for

Long v. Spradlin

Case Details

Full title:LARRY T. LONG, INDIVIDUALLY AND AS MANAGING TRUSTEE OF THE LONG TRUSTS…

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: May 20, 2022

Citations

No. 06-22-00026-CV (Tex. App. May. 20, 2022)