James P. Gordon v. Amy A. Gordon

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00973-CV James P. GORDON, Appellant v. Amy A. GORDON, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2023-CI-08529 Honorable Mary Lou Alvarez, Judge Presiding Opinion by: Lori Massey Brissette, Justice Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Lori Massey Brissette, Justice Delivered and Filed: October 16, 2024 ORDER VACATED; APPEAL DISMISSED After we set this appeal for submission, on August 19, 2024, Appellant James P. Gordon advised this court that the parties had signed a mediated settlement agreement. The notice also stated that Appellant’s counsel had prepared and circulated to opposing counsel a joint motion to (1) vacate the order appointing a receiver and (2) dismiss this appeal.

On September 10, 2024, Appellant filed a potentially opposed motion to (1) vacate the order appointing a receiver and (2) dismiss this appeal under Rule 42.1(a)(2)(B). See TEX. R. APP. 04-23-00973-CV

P. 42.1(a)(2)(B). Appellant reiterated that “[t]he parties have reached an agreement to resolve the underlying lawsuit and the instant appeal.”

On September 13, 2024, we advised Appellee Amy A. Gordon that if she wished to file a response to Appellant’s motion, she must do so by September 23, 2024. We advised her that if she did not file a response by the due date, we would conclude that she agrees with Appellant’s motion, and we would (1) vacate the order appointing a receiver and (2) dismiss this appeal. See TEX. R. APP. P. 42.1(a)(2)(B).

To date, Appellee has not filed a response. Accordingly, we vacate the trial court’s November 3, 2023 order appointing a receiver, and we dismiss this appeal. See id.

Lori Massey Brissette, Justice

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