Rush Truck Centers of Texas, L.P. v. Ronald Joe Andrus, Jr.

Summary

The Texas Eleventh Court of Appeals granted Rush Truck Centers of Texas, L.P.’s unopposed motion to dismiss its portion of the appeal after the trial court granted its postjudgment motion and entered a take-nothing judgment. The court also dismissed Ronald Joe Andrus, Jr.’s portion of the appeal for want of prosecution and failure to comply with court directives.

Holdings

1. An appellant's portion of an appeal may be dismissed when the appellant requests dismissal and the appeal is no longer necessary because the trial court has granted all requested relief.
2. An appellate court may dismiss an appeal for want of prosecution and failure to comply with the court's directives when the appellant does not pursue the appeal or take required steps to obtain the appellate record.

Questions Presented

1. Whether Rush Truck Centers' portion of the appeal should be dismissed after the trial court granted all relief requested in its pending postjudgment motion.
2. Whether Andrus's portion of the appeal should be dismissed for want of prosecution and failure to comply with the appellate court's directives.

Disposition

dismissed