Opinion issued November 14, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00231-CV
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JULIO GONZALEZ, Appellant
V.
MIDLAND FUNDING LLC, Appellee
On Appeal from the 190th District Court
Harris County, Texas
Trial Court Case No. 2012-07076
MEMORANDUM OPINION
This is an appeal from a judgment signed December 21, 2012. On April 19,
2013, the Court ordered that this case be referred to mediation. In the referral, the
Court ordered that: “No later than two days from the conclusion of the mediation,
the parties and the mediator shall advise the Clerk of this Court in writing whether
the parties did or did not settle the underlying dispute . . . .” The deadline for
conducting mediation was June 5, 2013.
On June 12, 2013, the mediator filed a document with the Court informing
the Court that the parties had settled all issues in the case. Nevertheless, neither
party filed a document with the Court to advise the Court that the case did or did
not settle nor has either party filed a motion to dismiss the appeal based on the
settlement. On July 12, 2013, the Court notified the parties that the mediator had
filed a report and requested that the parties file a motion to dismiss within seven
days of the date of the notice. Neither party responded to the notice. After being
notified on October 9, 2013 that this appeal was subject to dismissal for failure to
comply with a court order or a notice from the clerk requiring a response, appellant
did not respond. See TEX. R. APP. P. 42.3(c).
Accordingly, we dismiss the appeal. We dismiss any pending motions as
moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale.
2
Julio Gonzalez v. Midland Funding LLC
Combined Opinion