Salado Shopping Center Associates, L.P., a Texas Limited Partnership, (APPELLANT/CROSS-APPELLEE) v. Western Auto Supply Company, Inc., a Subsidiary of Advanced Stores Company, Inc., (APPELLEE/CROSS-APPELLANT)--Appeal from 408th Judicial District Court of Bexar County

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MEMORANDUM OPINION
No. 04-02-00891-CV
SALADO SHOPPING CENTER ASSOCIATES, L.P.,
Appellant
v.
WESTERN AUTO SUPPLY COMPANY,
Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-06675
Honorable Phylis J. Speedlin, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: April 28, 2004

DISMISSED

On March 12, 2004, we ordered appellant to file a status report regarding the parties' settlement no later than March 29, 2004. (1) Appellant was warned that "[f]ailure to respond to this order will result in dismissal of the appeal." Appellant did not respond.

Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.3(b, c). Costs of the appeal are taxed against the party incurring them.

PER CURIAM

1. The appeal was set for oral argument on December 9, 2003. Pursuant to the joint motion of the parties, oral argument was reset to January 14, 2004, to allow the parties to finalize a settlement. Upon further motion, the appeal was removed from the oral argument docket.

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