Opinion
No. 05-08-00395-CV
Opinion Filed June 9, 2009.
On Appeal from the 301st Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC 07-03039.
Before Justices BRIDGES, O'NEILL and FITZGERALD.
MEMORANDUM OPINION
In an Agreed Motion to Abate Appeal dated February 5, 2009, counsel for appellant and appellee stated the parties had reached a settlement. When we did not receive a motion to dismiss, we sent the parties a letter on March, 12, 2009 directing them to file a motion to dismiss the appeal. In response, appellant's counsel wrote the court a letter stating a motion to dismiss would be filed by April 1, 2009. When the court did not receive the promised motion to dismiss, we sent the parties a second letter dated April 28, 2009 directing the parties' counsel to file a motion to dismiss on or before May, 8, 2009. We further advised them that if we did not receive a motion to dismiss within that time, we would, without further notice, dismiss the appeal or enter judgment. In response, appellant's counsel wrote a second letter stating the motion to dismiss would be filed by June 1, 2009. To date, we have not received a motion to dismiss. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c).