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James P. Gordon v. Amy A. Gordon ( 2024 )


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  •                               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
    -2-
    

Document Info

Docket Number: 04-23-00973-CV

Filed Date: 10/16/2024

Precedential Status: Precedential

Modified Date: 10/22/2024