Vanscot Concrete Co. v. Bailey

OPINION

FARRIS, Justice.

The issue in this case is whether or not an appeal can be brought in the name of a nonexisting appellant. We hold that it cannot and order the appeal dismissed.

This is a ghost story with two ghosts. One is the specter of limitations; neither party’s brief mentions it, but it is a specter that is never out of mind. The named appellant, Vanscot Concrete Company, is the other ghost.

Vanscot Concrete Company was merged into Tarmac Texas, Inc., on June 30, 1986, and after that did not exist. Three months later, on October 4,1986, the appellee, Wallace Bailey, Jr., was injured…