Opinion

Massachusetts Bay Insurance Company Named as Fictitious Party Hanover Insurance Group ( on Behalf of Massachusetts Bay Insurance Company) v. Newborn Brown Adkins

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Dec 18, 2018
Status
Published
Cited by
0 cases
Authority
More cited than 6.6%

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Appellate case name: Massachusetts Bay Insurance Company Named as Fictitious

Party Hanover Insurance Group (On Behalf of Massachusetts

Bay Insurance Company) v. Newbern Brown Adkins, et al.

Appellate case number: 01-18-00993-CV

Trial court case number: 2017-67350

Trial court: 11th District Court of Harris County

Appellant, Massachusetts Bay Insurance Company Named as Fictitious Party

Hanover Insurance Group (On Behalf of Massachusetts Bay Insurance Company), timely

filed a notice of appeal on November 1, 2018, in the trial court from the October 12, 2018

order denying its special appearance. See TEX. R. APP. P. 26.1(b). On November 30, 2018,

appellees, Newbern Brown Adkins, et al., filed this motion to extend time for filing joint

notice of cross-appeal. Appellees contend that they also seek to appeal the October 12,

2018 special-appearance order, as well as two other orders signed on October 12, 2018,

denying their motion for reconsideration and second motion to remand, and from a May 4,

2018 order denying their motion to remand and to stay. Appellant filed an objection.

However, this Court takes judicial notice that appellees filed a “Joint Notice of

Appeal” in the trial court on November 20, 2018, which was assigned by the Clerk of this

Court to new appellate cause number 01-18-01064-CV, and styled as Larry Adkins,

Personal Representative of the Estate of Newbern Brown Adkins, et al. v. Lincoln Electric

Co., et al. See In re Chaumette, 456 S.W.3d 299, 303 n.2 (Tex. App.—Houston [1st Dist.]

2014, orig. proceeding) (noting appellate court may take judicial notice of its own records

in related proceeding involving same parties). In the new related appeal in 01-18-01064-

CV, appellees also seek to appeal from the same four orders as they seek to cross-appeal

from in this appellate cause number 01-18-00993-CV, plus the November 2, 2018 order of

severance creating that underlying trial court cause number 2017-67350-A.

Accordingly, the Court dismisses as moot appellees’ motion to extend time for

filing joint notice of cross-appeal.

It is so ORDERED.

Judge’s signature: __/s/ Evelyn V. Keyes____________

x Acting individually Acting for the Court

Date: __December 18, 2018_____

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.