[DOWNLOAD] "Miles v. Ford Motor Co." by In the Supreme Court of Texas * Book PDF Kindle ePub Free

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eBook details

• Title: Miles v. Ford Motor Co.
• Author : In the Supreme Court of Texas
• Release Date : January 22, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

On Motion to Transfer Appeal The motion for rehearing of Ford Motor Company is overruled. The following opinion is substituted for the Court's September 14, 1995, per curiam opinion. Judgments rendered by the Fourth Judicial District Court in Rusk County may be appealed to either the Sixth Court of Appeals in Texarkana or the Twelfth Court of Appeals in Tyler. See Tex. Gov't Code 22.201(g), (m). Plaintiffs appealed a judgement from the Fourth Judicial District to the Sixth Court of Appeals, while defendant appealed the same judgement to the Twelfth Court of Appeals. In this administrative proceeding, defendant requests that we consolidate both appeals in the Twelfth Court of Appeals by transferring plaintiffs' appeal to that court. Because plaintiffs' appeal was the first to be perfected, we deny the motion to transfer.Willie Searcy suffered severe and permanent injury from a collision while riding as a passenger in a Ford vehicle. Willie's family sued Ford Motor Company (""Ford"") and Doug Stanley Ford (""Stanley""), the seller of the vehicle, in Rusk County, claiming product defect. Willie's mother asserted claims individually and as next friend of Willie, while Willie's brother and step-father asserted claims for loss of consortium. In January 1995, the trial court granted summary judgment for the defendants on the brother's and step-father's consortium claims. Plaintiffs immediately attempted to perfect an appeal from the summary judgement to the Sixth Court of Appeals, but the consortium claims had not been severed from the other portions of the case, and plaintiffs do not dispute that their appeal was premature. There is no indication in the record before us, however, that Ford moved to dismiss the premature appeal, or that the court of appeals took any action prior to the plaintiffs' filing of a timely appeal bond from the subsequent final judgment, as discussed below.

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