Glen D. Aaron, II v. Phillip Monigold Eddy Layne Dubree And Joseph Naia ( 2024 )

Opinion filed June 6, 2024
In The
Eleventh Court of Appeals
___________
No. 11-23-00252-CV
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GLEN D. AARON, II, Appellant
V.
PHILLIP MONIGOLD, EDDY LAYNE DUBREE, AND JOSEPH
NAIA, Appellees
On Appeal from the 118th District Court
Glasscock County, Texas
Trial Court Cause No. DC-1988-CV
MEMORANDUM OPINION
In November 2023, Appellant, Glen D. Aaron, II, filed a pro se notice of
appeal from the trial court’s corrected order to distribute funds, its “failure to grant”
a motion for reconsideration, and its order that it lacked jurisdiction to hear several
other motions. On April 11, 2024, Glen D. Aaron, IV filed a “notice of [Appellant’s]
death” and a motion to dismiss this appeal. In these filings, Aaron states that he is
the executor of Appellant’s estate and that the appeal is being withdrawn, and he
requests that we dismiss the appeal “as the family no longer wishes to continue with
this matter.”
Although this appeal may continue upon Appellant’s death, someone must
appear on Appellant’s behalf because he appeared pro se. See TEX. R. APP. P. 7.1(a);
Casillas v. Cano, 79 S.W.3d 587, 590 (Tex. App.—Corpus Christi–Edinburg 2002,
no pet.). In this regard, an executor or administrator of Appellant’s estate or an
attorney with authority to proceed may appear. See TEX. R. CIV. P. 151.
Alternatively, an heir may appear by filing a written verification stating that (1) the
person is Appellant’s heir, (2) no administration of Appellant’s estate is planned or
pending, (3) no personal representative has been appointed to Appellant’s estate, and
(4) no administration of the estate is necessary or desired by those interested in the
estate. See Casillas, 79 S.W.3d at 590. We note that, although Glen D. Aaron, IV
represents that he is the executor of Appellant’s estate, the Midland County Clerk’s
Office has informed this court that a will has not been filed for Appellant and that no
probate proceedings regarding Appellant’s estate are pending or exist as of May 31,
2024. We therefore cannot grant his motion to dismiss without a showing that he
has the necessary authority to appear on Appellant’s behalf as described above.
On April 30, 2024, we detailed the necessary requirements to proceed with
this appeal and ordered that any appearance on Appellant’s behalf must be entered
in accordance with our order and filed with this court on or before May 30, 2024.
We notified the parties that the appeal may be dismissed if no such appearance was
properly made. To date, no appearance has been made or entered in accordance with
our order.
Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b), (c). We
also dismiss Glen D. Aaron IV’s motion as moot.
W. STACY TROTTER
June 6, 2024 JUSTICE
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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