Lawrence R. Evans (Deceased) v. Robert Schverak, Independent of the Estate of Judith A. Davault

Opinion issued August 31, 2006 In The Court of Appeals For The First District of Texas NO. 01–04–00823–CV LAWRENCE R. EVANS, Appellant V. ROBERT SCHVERAK, INDEPENDENT EXECUTOR OF THE ESTATE OF JUDITH A. DAVAULT, Appellee On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Cause No. 329107401 MEMORANDUM OPINIONWe dismiss the appeal for want of jurisdiction. On July 29, 2004, appellant’s, Lawrence R. Evans’, counsel, Thomas Kanak, filed a notice of appeal on Evans’s behalf. On September 22, 2004, our Clerk sent out two notices. One was to all parties’ counsel that the required fees had not been paid with a warning that the Court could dismiss the case if appellant did not pay them by a date certain. The second notice was to the county clerk, advising her that the clerk’s record was past due. In response to the notice, on September 27, 2004, the county clerk advised us that the fee for the preparation of the clerk’s record had not been received. Additionally, the county clerk provided us with a copy of correspondence from appellant’s counsel advising that appellant died August 7, 2004, and asking for time to determine who the next appellant will be. After some time, our Clerk corresponded with Kanak, seeking assurance that the representative of appellant’s estate had authorized Kanak to continue prosecuting the appeal, and requesting a response within 15 days. The 15 days have passed and Kanak has not responded to our request for assurance. The attorney-client relationship ceases upon the death of the client. Loffler v. University of Texas System, 610 S.W.2d 188, 189 (Tex. Civ. App.—Houtson [1st Dist.] 1980, on writ). We conclude that Kanak lacks the authority to continue to prosecute the appeal and that the personal representative of Evans’s estate, if any, and/or his heirs do not desire to prosecute the appeal. We dismiss the appeal for want of jurisdiction. PER CURIAM Panel consists of Chief Justice Radack and Justices Taft and Keyes.