Greenstreet v. Heiskell

Appellant Gale Greenstreet petitions this court by means of a writ of error to review an adverse summary judgment. Appellees Merle Heiskell an Jan Heiskell have filed a motion to dismiss the tardy appeal on the ground that Greenstreet’s participation in the trial court defeats appellate jurisdiction to review the petition for writ of error. The motion to dismiss is granted and the petition for writ of error is dismissed.

The dismissal motion is premised on Rule 45 of the Texas Rules of Appellate Procedure, which specifies that “[n]o party who participates either in person or by his attorney in…