A man who escaped a fire that killed his son and girlfriend failed to appear in court in his lawsuit against the homeowner. That move caused the appeals court to affirm the dismissal of the case.
The Court of Appeals at the Ninth District of Texas at Beaumont ruled on the case on Jan. 23. In the appeal, Albert Hadnot Sr. challenged a lower court’s decision that dismissed his case because he was MIA during the court date in his case against Chead Adams. While he’s convinced his case should be revived because it actually has merit, the appeals court disagreed.
Justice Hollis Horton wrote, “[Hadnot] did not argue he was deprived of due process, nor does he argue the trial court abused its discretion by failing to reinstate his case based on his post-judgment motion to change venue. After reviewing the arguments Hadnot presents in his brief, we affirm.”
Unfortunately for Hadnot, while he said his case still has merit, including claims that Adams allegedly tried to get him killed after the fire, Hadnot didn’t present any issues with the actual judicial process. In fact, the lower court dismissed the case because Hadnot was MIA on the court date, the reasoning had nothing to do with whether he actually had a case.
Also, Hadnot didn’t say he never received a notice for the court setting. And he didn’t argue that the lower court should have reinstated his case when he filed a post-judgment motion asking for a change in venue.
“Finally, Hadnot has not argued either here or in the court below that his case should not have been dismissed with prejudice,” wrote Justin Horton.
The tragic fire broke out in September 2016. While Hadnot was able to get out safely, he sadly could not have his girlfriend or their son, Albert Hadnot, Jr., who were sleeping during the incident. Hadnot sued Adams claiming Adams’ alleged negligence is what caused the fire and subsequently injuries and the passing of his girlfriend and son. The lower court brought the case to trial on April 23, 2018 but dismissed the case just two weeks later after Hadnot didn’t show up in court.
Chief Justice Steve McKeithen and Justice Charles Kreger concurred.