NACOL v. METALLIC DEVELOPMENT CORP.

Nos. 17994, 18012.

614 S.W.2d 172 (1980)

Adam S. NACOL, Appellant, v. METALLIC DEVELOPMENT CORPORATION, Appellee. METALLIC DEVELOPMENT CORPORATION, Appellant, v. George W. POE et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

December 31, 1980.


Attorney(s) appearing for the Case

William V. Browning, Wichita Falls, for Nacol.

Walter Nelson, Burkburnett, for Metallic Development Corp.

Nunn, Griggs & Steakley, and Charles R. Griggs, Sweetwater, for George W. Poe, Joe A. Poe and John Schattel.


OPINION

MASSEY, Chief Justice.

At time of submission on 18 December 1980, Metallic Development Corporation had filed no brief presenting complaint of the judgment as it applied to George W. Poe, et al., against whom it had perfected its appeal. Neither had George W. Poe, et al., filed a brief. However, Poe, et al., by their attorney, appeared before the court and orally moved to dismiss the appeal as against them for failure of Metallic Development Corporation...

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