Opinion
No. 05-08-01345-CV
Opinion Filed January 9, 2009.
On Appeal from the 254th Judicial District Court, Dallas County, Texas, Trial Court Cause No. DF-07-17159-R.
Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
The Court received the mediator's December 10, 2008, notification this case was settled. On December 11, 2008, we directed the parties to file a motion to dismiss by December 31, 2008, and advised the parties that if no motion to dismiss was filed by that date, the appeal would be dismissed without further notice. On December 17, 2008, appellant Kenneth J. Wilson filed a motion to dismiss this appeal. To date, appellee has not filed a response to appellant's motion to dismiss the appeal.
Accordingly, we GRANT appellant's motion and DISMISS this appeal. See Tex. R. App. P. 42.2(a).
We DENY as moot appellant's December 15, 2008, motion to modify the November 3, 2008, mediation order.