David Randall Potts and Richwater Holdings, LP v. WHOF Lending I, LLC ( 2019 )

Dismissed; Opinion Filed April 4, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01494-CV DAVID RANDALL POTTS AND RICHWATER HOLDINGS, LP, Appellants V. WHOF LENDING I, LLC, Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-09270 MEMORANDUM OPINION Before Justices Bridges, Partida-Kipness, and Carlyle Opinion by Justice Carlyle Appellant’s brief in this case is overdue. By postcard dated February 11, 2019, we notified appellants the time for filing their brief had expired. We directed appellants to file a brief and an extension motion within ten days. We cautioned appellants that failure to file a brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellants have not filed their brief nor otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c). /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 181494F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAVID RANDALL POTTS AND On Appeal from the 14th Judicial District RICHWATER HOLDINGS, LP, Court, Dallas County, Texas Appellants Trial Court Cause No. DC-18-09270. Opinion delivered by Justice Carlyle. No. 05-18-01494-CV V. Justices Bridges and Partida-Kipness participating. WHOF LENDING I, LLC, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee WHOF LENDING I, LLC recover its costs of this appeal from appellants DAVID RANDALL POTTS AND RICHWATER HOLDINGS, LP. Judgment entered this 4th day of April, 2019. –3–