Linda Hart v. Legacy Oil Corp ( 2015 )

DISMISS and Opinion Filed June 24, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00146-CV LINDA HART, Appellant V. LEGACY OIL CORP., CORTEZ MIOCON, LLC, CORTEZ RESOURCES, LLC, PATTY GUINN (HART), LARRY C. HART, PAMELA DEAN HART, PATTY O’BRIEN A/K/A PATRICIA A. O’BRIEN, CONSOLIDATED RESOURCES A/K/A TURNER OIL CORP., MICHAEL O’BRIEN, CASH AMERICA, DALLAS GOLD & SILVER, AND PAUL MCULLY, Appellees On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-13733 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Appellant has been declared incompetent and an attorney ad litem has been appointed to represent her. In a letter dated June 1, 2015, the Court requested the attorney ad litem to file, by June 12, 2015, either an appearance on appellant’s behalf or a motion to dismiss. We cautioned the attorney ad litem that if the Court did not receive a response by the specified date, the Court would assume the attorney ad litem did not intend to pursue the appeal and the Court would dismiss the appeal without further notice. As of today’s date, the Court has not received a response from the attorney ad litem. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b). 150146F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LINDA HART, Appellant On Appeal from the 44th Judicial District Court, Dallas County, Texas. No. 05-15-00146-CV V. Trial Court Cause No. DC-14-13733. Opinion delivered by Chief Justice Wright. LEGACY OIL CORP., CORTEZ MIOCON, Justices Lang-Miers and Stoddart, LLC, CORTEZ RESOURCES, LLC, participating. PATTY GUINN (HART), LARRY C. HART, PAMELA DEAN HART, PATTY O’BRIEN A/K/A PATRICIA A. O’BRIEN, CONSOLIDATED RESOURCES A/K/A TURNER OIL CORP., MICHAEL O’BRIEN, CASH AMERICA, DALLAS GOLD & SILVER, AND PAUL MCULLY, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees LEGACY OIL CORP., CORTEZ MIOCON, LLC, CORTEZ RESOURCES, LLC, PATTY GUINN (HART), LARRY C. HART, PAMELA DEAN HART, PATTY O’BRIEN A/K/A PATRICIA A. O’BRIEN, CONSOLIDATED RESOURCES A/K/A TURNER OIL CORP., MICHAEL O’BRIEN, CASH AMERICA, DALLAS GOLD & SILVER, AND PAUL MCULLY recover their costs of this appeal from appellant LINDA HART. Judgment entered June 24, 2015. –3–