Won Chang & Wonalex Corporation v. Energia Consultants, Inc. & Ruben Almazan

• Court: Court of Appeals of Texas
• Decided: May 28, 2013
• Docket: 05-12-00834-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed May 28, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00834-CV

WON CHANG AND WONALEX CORPORATION D/B/A ONE ENERGY, Appellants V. ENERGIA CONSULTANTS, INC. AND RUBEN ALMAZAN, Appellees

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-04394

MEMORANDUM OPINION Before Justices Francis, Murphy, and Evans Opinion by Justice Murphy

This case was submitted on April 1, 2013. That same day, the Court received

correspondence from appellees’ counsel that the parties were in the process of finalizing

settlement papers. Three days later, the parties notified the Court that they had, in fact, reached a

settlement. The parties were directed to file a proper motion to dismiss the appeal. See TEX. R.

APP. P. 42.1(a). On April 24, 2013, the Court contacted the parties regarding the status of the

appeal and was informed that counsel for appellants was waiting for counsel for appellees to

return a motion to dismiss with his signature. The Court did not receive any further communication, and by letter dated May 8, 2013,

the Court instructed the parties to notify the Court regarding the status of the settlement and

corresponding motion to dismiss within ten days. We cautioned that if no response was

received, the Court would take whatever action it deems appropriate, including dismissing the

appeal. As of today’s date, the Court has not received a response. Accordingly, we dismiss the

appeal. See TEX. R. APP. P. 42.3(c).

/Mary Murphy/ MARY MURPHY JUSTICE

120834F.P05

-2- S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

WON CHANG AND WONALEX On Appeal from the 298th Judicial District CORPORATION D/B/A ONE ENERGY, Court, Dallas County, Texas Appellants Trial Court Cause No. DC-12-04394. Opinion delivered by Justice Murphy. No. 05-12-00834-CV V. Justices Francis and Evans participating.

ENERGIA CONSULTANTS, INC. AND RUBEN ALMAZAN, Appellees

Based on the Court’s opinion of this date, we DISMISS the appeal. We ORDER that each party bears its own costs of the appeal.

Judgment entered this 28th day of May, 2013.

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