Lula B. Holliman and Allen G. Holliman v. NationsBank of Texas, N.A. ( 2000 )

Lula B. Holliman and Allen G. Holliman v. NationsBank of Texas, N.A.

    IN THE

TENTH COURT OF APPEALS

No. 10-99-218-CV

     LULA B. HOLLIMAN

     AND ALLEN G. HOLLIMAN,

                                                                         Appellants

     v.

     NATIONSBANK OF TEXAS, N.A.,

                                                                         Appellee

From the 85th District Court

Brazos County, Texas

Trial Court # 47,040-85

MEMORANDUM OPINION

      NationsBank of Texas sued Lula B. and Allen G. Holliman in Brazos County. The Bank alleged that the Hollimans defaulted on a promissory note. The Bank filed a motion for summary judgment which the trial court granted.

      The Hollimans filed a notice of appeal on July 14, 1999. The clerk’s record was filed on August 27, 1999. The reporter’s record was filed on October 22, 1999. Thus, the Hollimans’ brief was due on November 21, 1999. Tex. R. App. P. 38.6(a). No brief was filed. On November 23, 1999, the Court was notified by letter that the summary judgment order which was the subject of the appeal had not been severed from the remaining third party claims. The Hollimans attached a copy of their motion to sever to the letter. In January of 2000, the Hollimans asked this Court to defer proceeding in the appeal until the trial court granted the severance.

      It has been over five months since the Court has had any communication from either party regarding the status of the motion to sever. We notified the Hollimans of this lack of communication by letter on May 18, 2000, and warned them that the appeal may be dismissed for want of prosecution unless we received a status report within ten days from the date of the letter. Id. 42.3, 44.3. To date, we have not received a status report or any other communication from either party.

      Therefore, this cause is dismissed for want of prosecution. Tex. R. App. P. 42.3 (a).

                                                             PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed July 5, 2000

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