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Soto v. Soto

Court of Appeals Fifth District of Texas at Dallas
Aug 16, 2017
No. 05-17-00671-CV (Tex. App. Aug. 16, 2017)

Opinion

No. 05-17-00671-CV

08-16-2017

HERMELINDA SOTO, Appellant v. ANSELMO SOTO, Appellee


On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-13-00802

ORDER

This is an appeal from the trial court's March 30, 2017 judgment partitioning by sale certain real property co-owned by the parties. Before the Court are appellee's counsel's (1) notice that appellee passed away May 1, 2017; (2) motion to withdraw as counsel; and (3) unopposed motion to stay proceedings until an executor is appointed for appellee's estate.

An appeal in a civil case that affects the parties' property rights is not mooted by the death of a party. Kenseth v. Dallas Cty., 126 S.W.3d 584, 593-94 (Tex. App. —Dallas 2004, pet. denied). The deceased party may be represented by an executor, administrator, or heir, and the appeal will be adjudicated as if all parties were alive. See TEX. R. APP. P. 7.1(a)(1); Casillas v. Cano, 79 S.W.3d 587, 591 (Tex. App.—Corpus Christi 2002, order). Accordingly, we ORDER as follows. We DENY the motion to withdraw without prejudice to refiling an amended motion that complies with Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5. We GRANT the motion to stay to the extent we ORDER the parties to file, no later than October 16, 2017, a status report informing the Court whether an executor has been appointed. We ABATE the appeal during that period.

/s/ CRAIG STODDART

JUSTICE


Summaries of

Soto v. Soto

Court of Appeals Fifth District of Texas at Dallas
Aug 16, 2017
No. 05-17-00671-CV (Tex. App. Aug. 16, 2017)
Case details for

Soto v. Soto

Case Details

Full title:HERMELINDA SOTO, Appellant v. ANSELMO SOTO, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 16, 2017

Citations

No. 05-17-00671-CV (Tex. App. Aug. 16, 2017)