Robert Wyatt v. Irving Independent School District

DISMISS; Opinion Filed September 11, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00267-CV
ROBERT WYATT, Appellant
V.
IRVING INDEPENDENT SCHOOL DISTRICT, Appellee
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-11959
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Evans
Opinion by Justice Evans
This is an appeal from an order granting Irving Independent School District’s plea to the
jurisdiction. On July 8, 2014, attorney James L. Schutza, acting as a Friend of the Court, filed a
“suggestion of Death,” advising that appellant, who represented himself, had passed away.
Although a civil appeal may proceed upon the death of the appellant, someone must appear on
his behalf. See TEX. R. APP. P. 7.1(a)(1); Casillas v. Cano, 79 S.W.3d 587, 590 (Tex. App.-–
Corpus Christi 2002, order, no pet.). That person may include the executor or administrator of
appellant’s estate, an attorney with authority to proceed, or an heir where no administration of
appellant’s estate is planned or pending, no personal representative has been appointed to the
estate, and no administration of the estate in probate court is necessary or desired by those
interested in the estate. See TEX. R. CIV. P. 151; Casillas, 79 S.W.3d at 590-91.
On July 14, 2014, we ordered that any appearance on appellant’s behalf be filed by
August 13, 2014. We cautioned that the appeal may be dismissed without further notice if no
such appearance was made by August 13th, and we sent a copy of our order to appellant’s
address, Schutza, and counsel for appellees. To date, no appearance has been entered.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(b),(c).
/David Evans/
DAVID EVANS
JUSTICE
140267F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROBERT WYATT, Appellant On Appeal from the 44th Judicial District
Court, Dallas County, Texas
No. 05-14-00267-CV V. Trial Court Cause No. DC-13-11959.
Opinion delivered by Justice Evans. Justices
IRVING INDEPENDENT SCHOOL Bridges and Lang participating.
DISTRICT, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that each party bear its own costs of appeal.
Judgment entered this 11th day of September, 2014.
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