Marinecorp International, Ltd. v. the Chopper Group, LLC and Outlaw Country, LLC ( 2015 )

ACCEPTED
01-14-00707-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/28/2015 9:45:30 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00707-CV
IN THE
FILED IN
1st COURT OF APPEALS
1sT COURT OF APPEALS HOUSTON, TEXAS
7/28/2015 9:45:30 AM
at HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
MARINECORP INTERNATIONAL, LTD.
Appellant,
v.
THE CHOPPER GROUP, LLC., et al
APPELLEE
Appealed from the 80111 Judicial District Court of
Harris County, Texas, No. 2012-23983
APPELLEE'S MOTION TO DISMISS APPEAL
Brock C. Akers
The Akers Firm
3401 Allen Parkway,
Suite 101
Houston, TX 77019
(713)877-2500
1-713-583-8662-Fax
Email: bca@akersfirm.com
bca@akersfirm. com
ATTORNEYS FOR
APPELLEE
No. 01-14-00707-CV
MARINECORP INTERN'TL, § IN THE FIRST
LTD. §
§
VS. § COURT OF APPEALS
§
THE CHOPPER GROUP, §
LLC, et al § HOUSTON, TEXAS
APPELLEE'S MOTION TO DISMISS APPEAL
COMES NOW, APPELLEE The Chopper Group, LLC, et al, and
hereby files this its Motion to Dismiss Appeal, and with respect thereto
would show the court as follows:
I.
The trial of this case resulted in a returned verdict on April 23, 2014,
seventeen months ago. A judgment was entered on May 14, 20 14 and then
modified on July 31, 2014, not quite one year ago. To date, Appellant has
not filed its brief to the Court of Appeals.
Most recently, the clerk of this court notified Appellant that its brief
was overdue, giving 10 days to respond. That was on June 16, 2015, six
weeks ago. Still, no brief has been filed.
The most certain reason for the delay has been the failure of the court
reporters from the trial below to provide a timely and complete transcript.
This court has ordered the court reporters to submit a record to this court
multiple times, including an instruction to have the record supplemented and
completed or offer an explanation that no further record is available. The
missed and ignored deadline for that event was May 21, 2015, over two
months ago.
But while nothing happens to prosecute this appeal, the Appellee in
this case is forced to wait, and wait, and wait. This appeal should be
dismissed and mandate issued. Alternatively, Appellant should be made to
file a present its brief on the basis of the record that has been completed. A
year is surely long enough for the prevailing party in this trial to wait before
the appeal gets going.
Respectfully submitted,
THE AKERS FIRM
By:
;;~c.~
Brock C. Akers
State Bar No. 00953250
3401 Allen Parkway, Suite 101
Houston, Texas 77019
(713) 877-2500
1-713-583-8662
bca@akersfirm.com
ATTORNEYS FOR APPELLEES
CERTIFICATE OF CONFERENCE
Appellant cmmot agree to have its Appeal dismissed. Counsel for co-Appellee, Kyle
Tones, agrees to this motion.
Brock C. Akers
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument
has this the 281h day of July, 2015, been forwarded to opposing counsel of record pursuant to
the Texas Rules of Civil Procedure.
Brock C. Akers