Curtis Lee and Amy Lee v. WSI Services, Inc. ( 2005 )

Dismissed and Memorandum Opinion filed December 1, 2005

Dismissed and Memorandum Opinion filed December 1, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01106-CV

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CURTIS LEE and AMY LEE, Appellant

V.

WSI SERVICES, INC., Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 03-24890-A

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 July 15, 2004.  On April 21, 2005, this court ordered the parties to mediation.  The order stated, in pertinent part: 

THE COURT ORDERS that within 10 days of the date of this order, or within 10 days of an adverse ruling on an objection, the parties shall confer and attempt to agree upon a mediator.  They must immediately notify this court in writing of the name, address, telephone and fax numbers of the mediator who will conduct the mediation.  If the parties cannot agree upon a mediator, they shall immediately notify this court of their inability to agree.  Each party shall provide the court with two names, addresses, telephone and fax numbers of acceptable mediators in writing, and this court shall select a mediator for them by random draw from the submitted names. 

Accordingly, the parties had until May 2, 2005, to agree on a mediator or to each submit the names of two acceptable mediators if the parties were unable to agree.  The parties did not comply with this court=s order.  On September 29, 2005, the court issued an order, directing the parties to agree on a mediator or to each submit the names of two acceptable mediators within 10 days of the date of the order.  We advised the parties that, if they did not comply with this court=s order within the designated time period, the court might dismiss the appeal or impose other sanctions.  The parties did not comply with the September 29, 2005, order.  On October 18, 2005, this court notified the parties of the court=s intent to dismiss the appeal for failing to comply with this court=s order of September 29, 2005.

Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 1, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish.