Blas Herrera and Susanne Herrera and Douglas Bankston and Judith Bankston, Jason Brown and Sheryl Brown, and Ellen Gardner v. the City of Rowlett, Texas ( 2022 )

DISMISS and Opinion Filed May 11, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00122-CV BLAS HERRERA AND SUSANNE HERRERA AND DOUGLAS BANKSTON AND JUDITH BANKSTON, JASON BROWN AND SHERYL BROWN, AND ELLEN GARDNER, Appellants V. THE CITY OF ROWLETT, TEXAS, Appellee On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-21-10894 MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns After appellants failed to timely file their brief, we directed appellants by postcard dated April 4, 2022 to file their brief within ten days and cautioned them that failure to do so would result in the dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). To date, appellants have not filed their brief.1 1 Because appellee filed a brief, the clerk’s office telephoned appellants’ counsel regarding their failure to file a brief. Appellants’ attorney indicated that he assumed we would dismiss the case and that he did not intend to file a brief or a motion to dismiss. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.3(a)(1); 42.3(b),(c). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 220122F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BLAS HERRERA AND SUSANNE On Appeal from the 95th District HERRERA AND DOUGLAS Court, Dallas County, Texas BANKSTON AND JUDITH Trial Court Cause No. DC-21-10894. BANKSTON, JASON BROWN Opinion delivered by Chief Justice AND SHERYL BROWN, AND Burns. Justices Goldstein and Smith ELLEN GARDNER, Appellants participating. No. 05-22-00122-CV V. THE CITY OF ROWLETT, TEXAS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee THE CITY OF ROWLETT, TEXAS recover its costs of this appeal from appellants BLAS HERRERA AND SUSANNE HERRERA AND DOUGLAS BANKSTON AND JUDITH BANKSTON, JASON BROWN AND SHERYL BROWN, AND ELLEN GARDNER. Judgment entered this 11th day of May 2022. –3–