John Criado v. Noel H. Jaimes ( 2006 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00052-CV

John Criado,

                                                                      Appellant

 v.

Noel H. Jaimes,

                                                                      Appellee

From the 19th District Court

McLennan County, Texas

Trial Court No. 2005-1475-1

MEMORANDUM  Opinion

The Court received a motion from John Criado’s attorney, Stuart Smith, seeking to be allowed to withdraw as counsel for Criado.  The motion indicates that counsel believes the matter was settled at mediation but that he has been unable to establish communication with his client subsequent to the date the mediation was held.

Criado was ordered to file a response to Smith’s motion to withdraw as his counsel, within 14 days (1) explaining why the motion should not be granted; and (2) why this appeal should not be dismissed for want of prosecution.  Criado was also ordered to serve the response to this order upon Noel Jaimes’s attorney of record, and upon Smith, in accordance with the service procedures specified in the Texas Rules of Appellate Procedure.  Tex. R. App. P. 9.5.

More than 14 days have passed and the Court has received no response from Criado.

Additionally, Jaimes has filed a motion to dismiss the appeal based upon Criado’s failure to respond to the above referenced notice from the Court.

Therefore, this appeal is dismissed.  Tex. R. App. P. 42.3 (b), (c).  Stuart Smith is ordered to send a copy of this opinion to Criado’s last known address by regular mail and certified mail-return receipt requested.

Smith’s motion to withdraw is granted. 

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Motion to withdraw granted

Opinion delivered and filed September 20, 2006

[CV06]

.1(d).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed June 18, 2003

[CV06]