Anthony Peace v. Carl Day ( 2014 )

DISMISS; and Opinion Filed January 31, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00684-CV ANTHONY PEACE, Appellant V. CARL DAY, Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-09813 MEMORANDUM OPINION Before Justices Francis, Lang-Miers, and Lewis Opinion by Justice Lewis Appellant’s brief in this case is overdue. By postcard dated August 1, 2013, we notified appellant the time for filing his brief had expired. We directed appellant to file both his brief and an extension motion within ten days. We cautioned appellant that failure to file his brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed his brief, an extension motion, or otherwise corresponded with the Court regarding the status of his brief. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c). /David Lewis/ DAVID LEWIS 130684F.P05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT ANTHONY PEACE, Appellant On Appeal from the 95th Judicial District Court, Dallas County, Texas No. 05-13-00684-CV V. Trial Court Cause No. DC-12-09813. Opinion delivered by Justice Lewis. CARL DAY, Appellee Justices Francis and Lang-Miers participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee CARL DAY recover his costs of this appeal from appellant ANTHONY PEACE. Judgment entered this 31st day of January, 2014. /David Lewis/ DAVID LEWIS JUSTICE –2–