kerwin-gibbs-v-allsups-convenience-stores-inc-and-federated-mutual ( 2005 )

NO. 07-05-0340-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

DECEMBER 16, 2005

______________________________ KERWIN GIBBS, APPELLANT

V.

ALLSUP'S CONVENIENCE STORES, INC. AND FEDERATED MUTUAL INSURANCE COMPANY, FEDERATED INSURANCE AN ASSUMED NAME OF FEDERATED MUTUAL INSURANCE COMPANY AND/OR FEDERATED SERVICES INSURANCE COMPANY AND DAWN WILLEFORD, APPELLEES _________________________________

FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY;

NO. 2005-597,010; HONORABLE PAULA LANEHART, JUDGE _______________________________

Before REAVIS and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Appellant, Kerwin Gibbs, filed a notice of appeal from an Order entered on June 24, 2005. The clerk's record was filed on October 21, 2005 and the reporter's record has not been requested per the docketing statement filed by appellant. By letter dated November 29, 2005, the clerk of this court notified counsel for appellant that appellant's brief was due November 21, 2005, but had yet to be filed. See Tex. R. App. P. 38.6(a). The letter further advised appellant that the appeal would be subject to dismissal for want of prosecution if the brief, or a response reasonably explaining the failure to file a brief with a showing that appellee had not been injured by the delay, was not filed by December 9, 2005. No brief, motion for extension or other response has been received.

Accordingly, we now dismiss the appeal for want of prosecution and failure to comply with a directive of the court. See Tex. R. App. P. 38.8(a)(1) and 42.3(b), (c).

Mackey K. Hancock

Justice

nter">NO. 2006-1659-L; HON. RONALD WALKER, JR., PRESIDING

_______________________________

Memorandum Opinion

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

          Appellant Heath James Grimes was convicted of misdemeanor theft of property of the value of $50 or more but less than $500. On September 4, 2007, appellant filed a notice of appeal. The State has filed a motion to permanently abate this appeal and attached a death certificate stating that appellant died on January 5, 2008. At the time of his death, no mandate from this appellate court had been issued.

          If an appellant in a criminal case dies after an appeal is perfected but before the mandate of the appellate court is issued, the appeal should be permanently abated. Tex. R. App. P. 7.1(a)(2). The death of an appellant during the pendency of his appeal deprives an appellate court of jurisdiction. Hanson v. State, 790 S.W.2d 646 (Tex. Crim. App. 1990). The appeal and any further proceedings are ordered permanently abated.

                                                                           Brian Quinn

                                                                          Chief Justice

Do not publish.