Glen D. Aaron II v. Flatland Mineral Fund LP Flatland Sidecar, LLCFlatland GP. LLC Charles Dane Hardy Congress Energy Ventures LLC Broadmoor Land and Minerals, LLCTodd Wallerstein Blake A. Berns And Deer Ridge Resources, LLC

Opinion filed June 6, 2024

In The

Eleventh Court of Appeals
___________

No. 11-22-00299-CV
___________

GLEN D. AARON, II, Appellant
V.
FLATLAND MINERAL FUND LP; FLATLAND SIDECAR, LLC;
FLATLAND GP, LLC; CHARLES DANE HARDY; CONGRESS
ENERGY VENTURES LLC; BROADMOOR LAND AND
MINERALS, LLC; TODD WALLERSTEIN; BLAKE A. BERNS;
AND DEER RIDGE RESOURCES, LLC, Appellees

On Appeal from the 118th District Court
Glasscock County, Texas
Trial Court Cause No. DC-2137-CV

MEMORANDUM OPINION
In October, November, and December of 2022, Appellant, Glen D. Aaron, II,
filed pro se notices of appeal from the trial court’s summary judgment orders and its
denial of his motions for rehearing and reconsideration. On April 11, 2024, Glen D.
Aaron, IV filed a “notice of [Appellant’s] death” and a motion to dismiss in a related
appeal, 11-23-00252-CV. In the filing, Aaron stated that he is the executor of
Appellant’s estate and requested that we dismiss that appeal.
Although this appeal may continue upon Appellant’s death, someone must
appear on Appellant’s behalf because he appeared pro se. See TEX. R. APP. P. 7.1(a);
Casillas v. Cano, 79 S.W.3d 587, 590 (Tex. App.—Corpus Christi–Edinburg 2002,
no pet.). In this regard, an executor or administrator of Appellant’s estate or an
attorney with authority to proceed may appear. See TEX. R. CIV. P. 151.
Alternatively, an heir may appear by filing a written verification that (1) the person
is Appellant’s heir, (2) no administration of Appellant’s estate is planned or pending,
(3) no personal representative has been appointed to Appellant’s estate, and (4) no
administration of the estate in probate court is necessary or desired by those
interested in the estate. See Casillas, 79 S.W.3d at 590–91. We note that, although
Glen D. Aaron, IV represents that he is the executor of Appellant’s estate, the
Midland County Clerk’s Office has informed this court that it does not have a will
on file for Appellant and that no probate proceedings regarding Appellant’s estate
are pending as of May 31, 2024.
On April 30, 2024, we detailed the requirements above and ordered that any
appearance on Appellant’s behalf be entered in accordance with our order and filed
with this court within thirty days, or by May 30, 2024. We notified the parties that
the appeal may be dismissed if no such appearance was made. To date, no
appearance has been made or entered in accordance with our order.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(b), (c).

W. BRUCE WILLIAMS
JUSTICE
June 6, 2024
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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