Opinion
No. 04-09-00413-CV
Delivered and Filed: November 18, 2009.
Appealed from the County Court at Law No. 5, Bexar County, Texas, Trial Court No. 339415, Honorable Timothy Johnson, Judge Presiding.
Dismissed.
Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
Appellee GBL Galaxy Builders, Ltd. filed a notice advising the court the parties have settled the dispute underlying this appeal. Appellee attached a copy of the parties' agreement, which requires appellant, Ron Pegram d/b/a Property Resources to "drop and dismiss the appeal." On October 30, 2009, we ordered appellant to show cause, no later than November 6, 2009, why the appeal should not be dismissed. See Bd. of Adjustment v. Wende, 92 S.W.3d 424, 427 (Tex. 2002) (holding that when parties have settled dispute, there is no longer a live controversy between them, and appeal is moot). Our order advised appellant the appeal would be dismissed if appellant failed to satisfactorily respond within the time provided. See TEX. R. APP. P. 42.3(c).
Appellant has not responded to our order. We therefore dismiss this appeal. We order all costs assessed against appellant. See TEX. R. APP. P. 42.1(d).