TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-99-00425-CV
Gaines West, Trustee, Appellant
v.
Michael V. Baumer and Small, Craig & Werkenthin, P.C., Appellees
NO. 97-07200, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING
We dismiss this appeal for want of prosecution and failure to comply with a notice from this Court's clerk's office.
Gaines West filed his notice of appeal in this case on July 16, 1999. On September 29, 1999, the parties filed a joint motion to abate the appeal pending approval of a settlement and compromise agreement in a bankruptcy proceeding. On October 14, 1999, appellant informed this Court's clerk's office that the bankruptcy court approved the settlement agreement on October 12, 1999. He informed the clerk by telephone that some aspects of the settlement agreement needed to be executed before the parties would move to dismiss this appeal. In the ensuing months, the Court's clerk's office requested status reports by telephone on December 20, 1999, and January 31, 2000. No reports were supplied.
On February 11, 2000, this Court's clerk requested in writing a report on the status of this appeal, warning that failure to provide the report could result in dismissal of this appeal. The deadline for the status report, February 28, 2000, has passed. No status report was filed.
Accordingly, we dismiss all pending motions as moot, and dismiss this appeal for want of prosecution and for failure to comply with a notice from the clerk requiring a response within a specified time. See Tex. R. App. P. 42.3.
Before Justices Jones, Yeakel and Patterson
Dismissed for Want of Prosecution
Filed: March 9, 2000
Do Not Publish