Muery, Adam v. Dean and Dean Enterprises, Inc. d/b/a Legends Billiards & Grill--Appeal from 21st District Court of Washington County

Dismissed and Opinion filed October 17, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00798-CV

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ADAM MUERY, Appellant

V.

DEAN AND DEAN ENTERPRISES, INC. D/B/A LEGENDS BILLIARDS & GRILL, Appellees

On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 32,718

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 April 29, 2002.

On September 30, 2002, 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 September 12, 2002, which ordered the parties to agree on a mediator or to each submit the names of two acceptable mediators within ten days of the date of the order, i.e., by September 23, 2002. See Tex. R. App. P. 42.3(c).

Appellee did not file a response. Appellant filed a response on October 10, 2002. This response, however, demonstrates no reasonable explanation for failure to comply with this Court=s order of September 12, 2002. In the response, appellant states he filed an objection to this Court=s mediation order. But, as appellant points out, the objection was untimely and was overruled by this Court. He then goes on to argue the merits of his appeal. Finally, he again asks that we withdraw our mediation order. Appellant does not provide any explanation or valid excuse for his failure to comply with the order of September 12, 2002. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed October 17, 2002.

Panel consists of Justices Edelman, Seymore and Guzman.

Do Not Publish Tex. R. App. P. 47.3(b).