Megatel Homes, Inc. v. Jose Valdez d/b/a Valdez Excavation Appeal from 162nd Judicial District Court of Dallas County (memorandum opinion)

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DISMISS and Opinion Filed October 2, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00276-CV MEGATEL HOMES, INC., Appellant V. JOSE VALDEZ D/B/A VALDEZ EXCAVATION, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-00812 MEMORANDUM OPINION Before Justices Pedersen, III, Reichek, and Carlyle Opinion by Justice Reichek On September 9, 2019, this Court received notice from appellant Megatel Homes, Inc. that the parties had settled this case. On that date, the Clerk’s office notified appellant’s counsel by telephone that a motion to dismiss needed to be filed. See TEX. R. APP. P. 42.1(a)(1). When a motion was not filed, this Court sent a letter to the parties on September 13, 2019, again directing that a motion needed to be filed and also warning that if one was not filed within ten days, the Court would dismiss the appeal. To date, the parties have not filed a motion to dismiss this appeal or otherwise responded to the Court’s letter. Accordingly, on the Court’s own motion, we dismiss the appeal. See TEX. R. APP. P. 42.3(c). /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 190276F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MEGATEL HOMES, INC., Appellant No. 05-19-00276-CV On Appeal from the 162nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-18-00812. Opinion delivered by Justice Reichek; Justices Pedersen, III and Carlyle participating. V. JOSE VALDEZ D/B/A VALDEZ EXCAVATION, Appellee In accordance with this Court’s opinion of this date, the judgment of the trial court is AFFIRMED. It is ORDERED that appellee JOSE VALDEZ D/B/A VALDEZ EXCAVATION recover his costs of this appeal from appellant MEGATEL HOMES, INC. Judgment entered October 2, 2019 –3–

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