Tom Bell and Mary Bell v. U.S. Retail Income Fund, VII, L.P.

Court of Appeals of Texas

Tom Bell and Mary Bell v. U.S. Retail Income Fund, VII, L.P.

DecidedSeptember 4, 2003

Docket14-02-01261-CV

StatusPublished

This text of Tom Bell and Mary Bell v. U.S. Retail Income Fund, VII, L.P. (Tom Bell and Mary Bell v. U.S. Retail Income Fund, VII, L.P.) 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.

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Tom Bell and Mary Bell v. U.S. Retail Income Fund, VII, L.P., (Tex. Ct. App. 2003).

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Opinion

Dismissed and Opinion filed September 4, 2002

Dismissed and Opinion filed September 4, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01261-CV

TOM BELL and MARY BELL, Appellants

V.

U.S. RETAIL INCOME FUND, VII, L.P., Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 01-60246

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed August 23, 2002. On January 9, 2003, this Court ordered the parties to mediation. This Court was notified on April 7, 2003, that a settlement had been reached in mediation. On May 15, 2003, in accordance with the terms of the Court=s mediation order, the Court ordered the parties to file a motion to dismiss the appeal or other dispositive motion on or before May 27, 2003. The Court granted two extensions of time to file the motion until July 18, 2003. No motion was filed. Instead, on July 24, 2003, appellee notified this Court that appellants had not approved the settlement documents. Accordingly, appellants have not complied with this Court=s order. On August 12, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for failing to comply with this court=s order of May 15, 2003, which ordered appellant to file a dispositive motion. See Tex. R. App. P. 42.3(c). Appellant filed no response to this Court=s notice.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 4, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.

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Dismissed and Opinion filed September 4, 2002

Dismissed and Opinion filed September 4, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01261-CV

TOM BELL and MARY BELL, Appellants

V.

U.S. RETAIL INCOME FUND, VII, L.P., Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 01-60246

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed August 23, 2002. On January 9, 2003, this Court ordered the parties to mediation. This Court was notified on April 7, 2003, that a settlement had been reached in mediation. On May 15, 2003, in accordance with the terms of the Court=s mediation order, the Court ordered the parties to file a motion to dismiss the appeal or other dispositive motion on or before May 27, 2003. The Court granted two extensions of time to file the motion until July 18, 2003. No motion was filed. Instead, on July 24, 2003, appellee notified this Court that appellants had not approved the settlement documents. Accordingly, appellants have not complied with this Court=s order. On August 12, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for failing to comply with this court=s order of May 15, 2003, which ordered appellant to file a dispositive motion. See Tex. R. App. P. 42.3(c). Appellant filed no response to this Court=s notice.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 4, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.

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Tom Bell and Mary Bell v. U.S. Retail Income Fund, VII, L.P., Counsel Stack Legal Research, https://law.counselstack.com/opinion/tom-bell-and-mary-bell-v-us-retail-income-fund-vii-texapp-2003.