Joel Withrow and Joel Withrow d/b/a Howard Gin v. Helena Chemical Company--Appeal from 40th District Court of Ellis County
Annotate this Case
Download PDF
IN THE TENTH COURT OF APPEALS No. 10-08-00363-CV JOEL WITHROW AND JOEL WITHROW D/B/A HOWARD GIN, Appellant v. HELENA CHEMICAL COMPANY, Appellee From the 40th District Court Ellis County, Texas Trial Court No. 75290 MEMORANDUM OPINION This appeal was abated for mediation on November 5, 2008. The parties were ordered to attempt to agree upon a mediator within 14 days from the date of the abatement order. It has been more than 14 days, and the parties have not notified the Court of an agreed mediator for this appeal or that no mediator could be agreed upon. By letter, the Clerk of this Court notified appellants that they had 7 days from the date of the notice to provide a written status report regarding this appeal. The Clerk warned that if a status report which included the name of the agreed upon mediator or a statement that no mediator could be agreed upon was not timely received, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). It has been more than 7 days and we have not received a status report. Accordingly, this appeal is dismissed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna (Justice Vance dissents with a note) * Appeal dismissed Opinion delivered and filed December 23, 2008 [CV06] * (Justice Vance dissents from the involuntary dismissal.) Withrow v. Helena Chemical Co. Page 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
