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Pharus Funding LLC v. Baker

Court of Appeals of Texas, Fourteenth District
Aug 17, 2021
No. 14-21-00338-CV (Tex. App. Aug. 17, 2021)

Opinion

14-21-00338-CV

08-17-2021

PHARUS FUNDING LLC AS ASSIGNEE OF LHR, INC., Appellant v. DEBRA D. BAKER, Appellee


On Appeal from the County Civil Court at Law No 3, Harris County, Texas; Trial Court Cause No. 858642

Panel consists of Justices Wise, Jewell, and Spain (Wise, J., majority).

MEMORANDUM DISSENTING OPINION

Charles A. Spain, Justice

While I agree that an involuntary dismissal for want of jurisdiction appears warranted, the court fails to comply with Texas Rule of Appellate Procedure 42.3 and give the required ten days' notice to all parties of the involuntary dismissal. Tex.R.App.P. 42.3. The court could suspend the operation of Rule 42.3 in this case, order a different procedure, and explain the need to deviate from Rule 42.3, but it does not. See Tex. R. App. P. 2 (authorizing suspension of rules).

I do not read the due-process provisions of Rule 42.3 to be discretionary unless we are willing to suspend the Rule and explain why suspension is warranted. I therefore dissent to dismissing the case without (1) providing notice and an opportunity to be heard as the Rule requires and (2) having the patience to wait ten days.


Summaries of

Pharus Funding LLC v. Baker

Court of Appeals of Texas, Fourteenth District
Aug 17, 2021
No. 14-21-00338-CV (Tex. App. Aug. 17, 2021)
Case details for

Pharus Funding LLC v. Baker

Case Details

Full title:PHARUS FUNDING LLC AS ASSIGNEE OF LHR, INC., Appellant v. DEBRA D. BAKER…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Aug 17, 2021

Citations

No. 14-21-00338-CV (Tex. App. Aug. 17, 2021)