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459 S.W.2d 245

Miller v. Stephens

Court of Appeals of Texas

Decided October 16, 1970

Court of Appeals of Texas · decided 1970-10-16

Relies on Moorman & Singleton v. Simmons · Moorman v. Simmons · Mitchell v. Gregg

Decided 1970-10-16

¶1*246OPINION

BREWSTER, Justice.

¶2This is an appeal by two defendants from an order overruling their pleas of privilege. Neither defendant has filed a brief in connection with the appeal.

¶3The plaintiffs have filed in the case a motion to dismiss the appeal of both defendants, basing the motion on the provisions of Rules 414 and 415, Texas Rules Civil Procedure.

¶4The motion to dismiss both appeals is sustained.

¶5Rule 415, Texas Rules Civil Procedure, providing for dismissal of an appeal when appellant fails to file a brief applies to appeals from interlocutory orders and this includes appeals from orders overruling 'pleas of privilege. Moorman and Singleton v. Simmons, 360 S.W.2d 548 (Waco Tex.Civ.App., 1962, affirmed by Sup.Ct. in 364 S.W.2d 188, 1963). See also Mitchell v. Gregg, 394 S.W.2d 665 (Tyler Tex.Civ.App., 1965, no writ hist.), and Little Moe, Inc. v. Municipal Service Company of Texas, 412 S.W.2d 914 (Fort Worth, Tex.Civ.App., 1967, no writ hist.).

¶6The appeals of both appellants are dismissed.

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