Opinion
No. 05-04-01610-CV
Opinion issued August 19, 2005.
On Appeal from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-02101-00.
Dismissed.
Before Justices MORRIS, LANG, and MAZZANT.
MEMORANDUM OPINION
A review of this appeal shows that, on June 5, 2005, the Court received a document entitled "Release of Judgment and Compromise and Settlement Agreement." The document states that U.S. Fire Insurance Company, individually and as subrogee of Harrison, Walker Harper, L.P., and Highland Fire Protection Company have compromised and settled all claims. The document, dated April 18, 2005, is signed by U.S. Fire Insurance Company and Highland Fire Protection Company.
In a letter dated July 14, 2005, the Court acknowledged receipt of the document and informed the parties that if they had in fact settled, the appropriate response to our letter would be the filing of an agreed motion to dismiss the appeal. We instructed the parties to file, on or before July 25, 2005, a motion to dismiss or, alternatively, correspondence indicating the status of the appeal. The letter informed the parties that the failure to file either a motion to dismiss or written correspondence indicating the status of the appeal would result in the Court taking whatever action it deemed appropriate, including dismissing the appeal. To date, the parties have not responded to the Court's July 14, 2005 letter.
Therefore, on the Court's own motion, we DISMISS this appeal. See Tex.R.App.P. 42.3.