Roger Martin, Individually and as Successor Trustee of the Martin Family Trust v. Dale Martin

Summary

The Tenth Court of Appeals of Texas dismissed Roger Martin’s appeal from a judgment for breach of fiduciary duty and his removal as successor trustee of the Martin Family Trust. The court dismissed the appeal under Texas Rule of Appellate Procedure 42.3(c) because Martin failed to file the required notice concerning mediation after being ordered to do so.

Holdings

1. The appeal must be dismissed because appellant failed to timely provide the notice required by the court's orders after being warned that noncompliance would result in dismissal.

Questions Presented

1. Whether the appeal should be dismissed under Texas Rule of Appellate Procedure 42.3(c) because appellant failed to comply with the court's mediation-related notice orders.

Disposition

dismissed