Gerald Browder v. James Lowell Penton, Jr., as the Independent Exectuor of the Estate of James Lowell Penton, Deceased--Appeal from Probate Court of Denton County
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NO. 07-10-0275-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 15, 2010
GERALD BROWDER,
Appellant
v.
JAMES LOWELL PENTON, JR., AS THE INDEPENDENT
EXECUTOR OF THE ESTATE OF JAMES LOWELL PENTON,
DECEASED,
Appellee
_____________________________
FROM THE PROBATE COURT OF DENTON COUNTY;
NO. PR-2008-00217-02; HONORABLE DON R. WINDLE, PRESIDING
______________________________
Order of Dismissal
______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant timely noticed his appeal and both records were timely filed. On July
20, 2010, appellant and appellee filed an agreed motion to remand in order to effectuate
a settlement agreement. On July 30, 2010, this Court remanded the case to the trial
court and advised the parties that a copy of any orders executed effectuating the
settlement must be filed in a supplemental clerkâs record along with a joint motion of the
parties requesting the reinstatement and dismissal of the appeal on or before August
30, 2010. They were also told that the failure to file either would result in the dismissal
of the appeal for want of prosecution.
August 30th passed and neither party has
contacted the Court as directed. Thus, pursuant to Rule 42.3(b) and (c) of the Texas
Rules of Appellate Procedure, this cause is dismissed for want of prosecution and for
failure to comply with a court order.
It is so ordered.
Per Curiam
2
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