Prostok v. Donaldson

Full title: JEFF P. PROSTOK, ET AL., Appellants v. DONALDSON, LUFKIN JENRETTE…

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 27, 2003

No. 05-01-01728-CV (Tex. App. Jan. 27, 2003)

Opinion

No. 05-01-01728-CV

Opinion Filed January 27, 2003

On Appeal from the 160th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 95-10670-H

DISMISSED

Before Justices Moseley, O'Neill, and Richter¹

1 Justice Martin Richter succeeds Justice John Ovard, Retired, a member of the original panel. Justice Richter has reviewed the briefs and record in this case.

MEMORANDUM OPINION

PER CURIAM

On November 2, 2001, we remanded this case to the trial court for further proceedings in accordance with the settlement reached between the parties, and abated this appeal until a motion to reinstate was filed alleging the settlement had failed, a motion to dismiss was filed, or until December 31, 2002. No motion to reinstate or motion to dismiss has been filed in this case and December 31, 2002 has passed.

Accordingly, pursuant to our November 2, 2001 Order, we DISMISS this appeal. See Tex.R.App.P. 42.1(a)(1). Costs are taxed against the appellants. See Tex.R.App.P. 42.1(d).