Wendolyn Messner, as Dependent Administrator v. Mark L. Boon, and Boon Shaver Echols Coleman & Goolsby, P.L.L.C. ( 2014 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00020-CV
WENDOLYN MESSNER, AS DEPENDENT ADMINISTRATOR, Appellant
V.
MARK L. BOON, BOON SHAVER ECHOLS COLEMAN & GOOLSBY, P.L.L.C.,
RONALD R. STRINGER, NEIL D. JOSEPH, AND
RON STRINGER & ASSOCIATES, P.C., Appellees
On Appeal from the County Court at Law
Rusk County, Texas
Trial Court No. 02-043 A
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
Wendolyn Messner, appellant, filed suit against Mark L. Boon, the law firm of Boon
Shaver Echols Coleman & Goolsby, P.L.L.C., Ronald R. Stringer, Neil D. Joseph, and the
accounting firm of Ron Stringer & Associates, P.C., appellees. The trial court entered summary
judgment for all of the defendants/appellees below, and Messner appealed that judgment in all
respects. However, on September 11, 2014, Messner filed a motion to sever and dismiss a
portion of the appeal. Messner represents in her motion that all of her claims and disputes
against Ronald R. Stringer, Neil D. Joseph, and the accounting firm of Ron Stringer &
Associates, P.C., have been fully and finally settled. As a result, Messner seeks to dismiss her
appeal insofar as it relates to Ronald R. Stringer, Neil D. Joseph, and the accounting firm of Ron
Stringer & Associates, P.C. To accomplish this goal, Messner also asks that we first sever her
appeal as it relates to Ronald R. Stringer, Neil D. Joseph, and the accounting firm of Ron
Stringer & Associates, P.C., from the remainder of her appeal.
The ten-day waiting period required by Rule 10.3(a) of the Texas Rules of Appellate
Procedure has now expired, and neither Mark L. Boon nor the law firm of Boon Shaver Echols
Coleman & Goolsby, P.L.L.C., filed a response or an objection to Messner’s motion. See TEX.
R. APP. P. 10.3(a). Consequently and in accordance with Rules 42.1(a) and (b) of the Texas
Rules of Appellate Procedure, we grant Messner’s request to sever the appeal of her claims
against Ronald R. Stringer, Neil D. Joseph, and the accounting firm of Ron Stringer &
Associates, P.C., on the one hand, from the appeal of her claims against Mark L. Boon and the
law firm of Boon Shaver Echols Coleman & Goolsby, P.L.L.C., on the other. See TEX. R. APP.
2
P. 42.1(a), (b). We assign Messner’s appeal of her claims against Ronald R. Stringer, Neil D.
Joseph, and the accounting firm of Ron Stringer & Associates, P.C., cause number
06-14-00080-CV. Messner’s appeal of her claims against Mark L. Boon and the law firm of
Boon Shaver Echols Coleman & Goolsby, P.L.L.C., will retain this original cause number—
06-14-00020-CV.
IT IS SO ORDERED.
BY THE COURT
Date: September 23, 2014
3