Withrow v. Helena Chemical Co.

Full title: JOEL WITHROW AND JOEL WITHROW D/B/A HOWARD GIN, Appellant v. HELENA…

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Dec 23, 2008

No. 10-08-00363-CV (Tex. App. Dec. 23, 2008)

Opinion

No. 10-08-00363-CV

Opinion delivered and filed December 23, 2008.

Appealed from the 40th District Court, Ellis County, Texas, Trial Court No. 75290.

Appeal dismissed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA (Justice VANCE dissents with a note)^_.

_ "(Justice Vance dissents from the involuntary dismissal.)"

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

This appeal was abated for mediation on November 5, 2008. The parties were ordered to attempt to agree upon a mediator within 14 days from the date of the abatement order. It has been more than 14 days, and the parties have not notified the Court of an agreed mediator for this appeal or that no mediator could be agreed upon.

By letter, the Clerk of this Court notified appellants that they had 7 days from the date of the notice to provide a written status report regarding this appeal. The Clerk warned that if a status report which included the name of the agreed upon mediator or a statement that no mediator could be agreed upon was not timely received, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). It has been more than 7 days and we have not received a status report.

Accordingly, this appeal is dismissed.