Chapman, Frank L. v. Hood, Linda K.

• Court: Court of Appeals of Texas
• Decided: April 24, 2003
• Docket: 14-02-00220-CV
• Status: Published

Opinion

Dismissed and Opinion filed April 24, 2003

Dismissed and Opinion filed April 24, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00220-CV

FRANK L. CHAPMAN, Appellant

V.

LINDA K. HOOD, Appellee

On Appeal from the 312th District Court

Harris County, Texas

Trial Court Cause No.  894,205

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment entered on October 15, 2001.  On October 3, 2002, this Court ordered the parties to mediation.  The case did not settle at mediation but negotiations continued.  On December 17, 2002, this Court received a letter from appellant=s counsel stating that the parties had reached a settlement and appellant would be filing a motion to dismiss the appeal.  No motion was filed.  On January 16, 2002, the Court issued an order stating that unless appellant submitted his brief, and a motion reasonably explaining why the brief was late, or a motion to dismiss the appeal due to settlement, to the Clerk of this Court on or before February 14, 2003, the appeal would be dismissed for want of prosecution.  Appellant requested additional time in which to file a motion to dismiss the appeal.  Accordingly, on March 6, 2003, this Court abated the appeal and ordered appellant to file a motion to dismiss by April 11, 2003.

On April 14, 2003, the appellant filed a motion to dismiss the appeal in order to effectuate a compromise and settlement agreement.  See Tex. R. App. P. 42.1.  The abatement is lifted and the motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed April 24, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.