David A. Van Velzer v. American Express National Bank

Motion Granted; Appeal Reinstated; Appeal Dismissed and Memorandum
Opinion filed November 26, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00523-CV

DAVID A. VAN VELZER, Appellant
V.
AMERICAN EXPRESS NATIONAL BANK, Appellee

On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 1166090

MEMORANDUM OPINION

This is an appeal from a final judgment signed June 12, 2024. On October
29, 2024, appellee filed a motion to dismiss the appeal pursuant to Texas Rule of
Appellate Procedure 42.3. See Tex. R. App. P. 42.3 (providing for dismissal of an
appeal on motion of a party where the appellant has failed to comply with a
requirement of the rules, a court order, or a notice from the clerk requiring a
response or other action within a specific time).
On July 19, 2024, we issued a letter requiring appellant to file a docketing
statement in compliance with Texas Rules of Appellate Procedure 32.1 within 10
days of the date the notice of appeal was filed. As of today, appellant has not filed
a docketing statement.

On July 30, 2024, we issued an order abating this appeal and referring the
parties to mediation. We ordered that the mediation be held within 60 days of that
order and that all parties shall attend the mediation process. According to
appellee’s motion to dismiss, appellant has failed to cooperate with the mediator to
arrange for mediation to occur.

Accordingly, we grant appellee’s motion to dismiss because appellant has
failed to comply with this court’s order and a notice from the clerk requiring a
response or other action within a specified time. See Tex. R. App. P. 42.3(c).

We reinstate and dismiss the appeal.

PER CURIAM

Panel Consists of Justices Wise, Jewell, and Poissant.

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