King v. Cron, 12898
| Decision Date | 14 December 1955 |
| Docket Number | No. 12898,12898 |
| Citation | 285 S.W.2d 833 |
| Parties | Ollie KING et al., Appellants, v. Lon H. CRON et al., Appellees. |
| Court | Texas Court of Appeals |
Thos. H. Dent, Galveston, for appellant.
I. M. Wilford, Houston, for appellee.
This cause was submitted in this Court on September 7, 1955, and at the request of the parties oral argument was heard on the 23rd day of November, 1955. At this time a request was made to amend appellants' brief or file a substitute in lieu of the original, so that another and different theory might be urged as a ground for the reversal of the trial court's judgment. This request to amend the brief has been considered by the Court and is refused, as the amendment requested would require the filing of new and different points of error after the case had been submitted and unreasonably delay the disposition of the appeal in this Court.
Rule No. 414, Texas Rules of Civil Procedure, provides that the appellant's brief shall be filed in the Court of Civil Appeals within thirty days after the filing therein of the transcript and statement of facts, if any. Rule 418 prescribes that such brief shall contain a statement of points upon which the appeal is predicated. The appellee is then allowed twenty-five days in which to file a brief in reply to that submitted by appellant. Rule 414. After parties have been allowed the opportunity to brief their respective contentions, the case is ready for submission to the Court for disposition. Litigants are entitled to a prompt and expeditious determination of appeals, and it is readily apparent that the effect of granting appellants' request would be to allow them to 'start over' so to speak, and require a rebriefing by all parties. Although the briefing rules are to be liberally construed, Rules 422 and 431, they should not be so liberalized or extended so as to permit an appellant to completely change his grounds after submission of an appeal in the absence of most extraordinary circumstances. 3A Tex.Jur. 136, § 168.
The record in this case discloses additional reasons why the requested amendment should be refused. As a result of a pre-trial conference in the court below, the judge entered an order embodying numerous stipulations of the parties. It was agreed that the court should construe certain mineral deeds in the light of these stipulations. The statement of facts in this case consists solely of certified copies of seven written instruments and by necessary inference the order of the trial judge above mentioned setting forth the stipulations of the parties.
The transcript discloses that appellants filed a 'Statement of the Points to be Relied On', in accordance with the provisions of Rule 377-a, which provides that,
'For the purpose of inducing the opposing party to accept an abbreviated transcript or statement of facts, the appellant, or the appellee to the extent that he complains of the judgment or any part thereof, may file with the clerk of the trial court a statement of the points on which he intends to rely on appeal; and he shall thereafter be limited to such points.'
Appellant...
To continue reading
Request your trial
-
United Farm Workers, AFL-CIO v. H.E. Butt Grocery Co.
...In essence, UFW asks that it be permitted to "start over" with this appeal. We do not agree. See King v. Cron, 285 S.W.2d 833 (Tex.Civ.App. San Antonio 1956, writ ref'd n. r. e.), cert. denied, 352 U.S. 843, 77 S.Ct. 67, 1 L.Ed.2d 59 The pages denominated "Preliminary Findings of Fact" are,......
-
Manges v. Mustang Oil Tool Co., Inc.
...be given an interpretation which will further, and not impede, the orderly disposition of the cause. King v. Cron, 285 S.W.2d 833, 834 (Tex.Civ.App.--San Antonio 1955, writ ref'd n.r.e.), cert. denied, 352 U.S. 843, 77 S.Ct. 67, 1 L.Ed.2d 59 (1966). Leave to file the supplemental transcript......
-
Broussard v. Middleton, 7444
...rely primarily upon Clemmens v. Kennedy, 68 S.W.2d 321 (Tex.Civ.App., Texarkana, 1934, error ref.); King v. Cron, 285 S.W.2d 833 (Tex.Civ.App., San Antonio, 1956, error ref. n.r.e.); McElmurray v. McElmurray, 270 S.W .2d 880, 882 (Tex.Civ.App., Eastland, 1954, error ref.); and Spell v . Han......
-
Stuart v. Coldwell Banker & Co., 16867
...be given an interpretation which will further, and not impede, the orderly disposition of the cause. King v. Cron, 285 S.W.2d 833, 834 (Tex.Civ.App. San Antonio 1955, writ ref'd n.r.e.), cert. denied, 352 U.S. 843, 77 S.Ct. 67, 1 L.Ed.2d 59 As appellee correctly points out in its opposition......