David A. Van Velzer v. American Express National Bank

Court of Appeals of Texas

David A. Van Velzer v. American Express National Bank

DecidedNovember 26, 2024

Docket14-24-00523-CV

StatusPublished

This text of David A. Van Velzer v. American Express National Bank (David A. Van Velzer v. American Express National Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David A. Van Velzer v. American Express National Bank, (Tex. Ct. App. 2024).

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Opinion

Motion Granted; Appeal Reinstated; Appeal Dismissed and Memorandum Opinion filed November 26, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00523-CV

DAVID A. VAN VELZER, Appellant V. AMERICAN EXPRESS NATIONAL BANK, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1166090

MEMORANDUM OPINION

This is an appeal from a final judgment signed June 12, 2024. On October 29, 2024, appellee filed a motion to dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3. See Tex. R. App. P. 42.3 (providing for dismissal of an appeal on motion of a party where the appellant has failed to comply with a requirement of the rules, a court order, or a notice from the clerk requiring a response or other action within a specific time). On July 19, 2024, we issued a letter requiring appellant to file a docketing statement in compliance with Texas Rules of Appellate Procedure 32.1 within 10 days of the date the notice of appeal was filed. As of today, appellant has not filed a docketing statement.

On July 30, 2024, we issued an order abating this appeal and referring the parties to mediation. We ordered that the mediation be held within 60 days of that order and that all parties shall attend the mediation process. According to appellee’s motion to dismiss, appellant has failed to cooperate with the mediator to arrange for mediation to occur.

Accordingly, we grant appellee’s motion to dismiss because appellant has failed to comply with this court’s order and a notice from the clerk requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(c).

We reinstate and dismiss the appeal.

PER CURIAM

Panel Consists of Justices Wise, Jewell, and Poissant.

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Motion Granted; Appeal Reinstated; Appeal Dismissed and Memorandum Opinion filed November 26, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00523-CV

DAVID A. VAN VELZER, Appellant V. AMERICAN EXPRESS NATIONAL BANK, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1166090

MEMORANDUM OPINION

This is an appeal from a final judgment signed June 12, 2024. On October 29, 2024, appellee filed a motion to dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3. See Tex. R. App. P. 42.3 (providing for dismissal of an appeal on motion of a party where the appellant has failed to comply with a requirement of the rules, a court order, or a notice from the clerk requiring a response or other action within a specific time). On July 19, 2024, we issued a letter requiring appellant to file a docketing statement in compliance with Texas Rules of Appellate Procedure 32.1 within 10 days of the date the notice of appeal was filed. As of today, appellant has not filed a docketing statement.

On July 30, 2024, we issued an order abating this appeal and referring the parties to mediation. We ordered that the mediation be held within 60 days of that order and that all parties shall attend the mediation process. According to appellee’s motion to dismiss, appellant has failed to cooperate with the mediator to arrange for mediation to occur.

Accordingly, we grant appellee’s motion to dismiss because appellant has failed to comply with this court’s order and a notice from the clerk requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(c).

We reinstate and dismiss the appeal.

PER CURIAM

Panel Consists of Justices Wise, Jewell, and Poissant.

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Bluebook (online)

David A. Van Velzer v. American Express National Bank, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-a-van-velzer-v-american-express-national-bank-texapp-2024.