Opinion
No. 05-09-00016-CV.
Opinion Filed April 15, 2009.
On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. CC-08-08344-B.
Before Justices MORRIS, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
On January 14, 2009, this Court ordered the parties to participate in mediation. The order specifically provided that "Named parties shall be present during the entire mediation process," and that "failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law." The Court was advised that appellant, who is representing himself in this appeal, did not attend the mediation as scheduled, in violation of the express language of the January 14, 2009 order.
Therefore, on March 25, 2009, this Court directed appellant to advise the Court in writing, by April 6, 2009, whether he attended the mediation as scheduled and why the Court should not impose sanctions pursuant to rule of appellate procedure 42.3(c). We further warned appellant that failure to comply with the March 25, 2009 order would result in the imposition of sanctions, including dismissal of the appeal. To date, appellant has not responded to our March 25, 2009 order.
and, therefore, has failed to comply with this Court's order of March 25, 2009.
Additionally, the clerk's record is overdue in this appeal. We have received correspondence from the Dallas County District Clerk that appellant has not paid for the record. Therefore, by letter dated March 10, 2009, we directed appellant to provide this Court, within ten days, written verification that he has paid or arranged to pay for the clerk's record or written documentation that he is entitled to proceed without payment of costs. See Tex. R. App. P. 37.3(b). We warned appellant that failure to comply could result in dismissal of the appeal. See Tex. R. App. P. 37.3(b), 42.3 (c). Nevertheless, to date, appellant has not filed the requested documentation regarding the clerk's record.
This Court has the authority to dismiss an appeal when "the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(c). Accordingly, we dismiss the appeal.