Sherry Lynn Henry v. Davinci Homes ( 2022 )

DISMISS and Opinion Filed December 21, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00536-CV
SHERRY LYNN HENRY, Appellant
V.
DAVINCI HOMES, LLC, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-22-02108-E
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Partida-Kipness, and Justice Nowell
Opinion by Justice Nowell
Appellant’s opening brief is past due. By notice dated December 5, 2022, we
directed appellant to file, within ten days, her brief along with an extension motion
and cautioned her that failure to comply would result in dismissal of the appeal for
want of prosecution. See TEX. R. APP. P. 38.8(a)(1). Because appellant has failed
to comply and the time to do so has passed, we dismiss the appeal. See id. 42.3(b),
(c). We deny appellee’s motion to dismiss the appeal as moot.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
220536F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SHERRY LYNN HENRY, Appellant On Appeal from the County Court at
Law No. 5, Dallas County, Texas
No. 05-22-00536-CV V. Trial Court Cause No. CC-22-02108-
E.
DAVINCI HOMES, LLC, Appellee Opinion delivered by Justice Nowell.
Chief Justice Burns and Justice
Partida-Kipness participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered December 21, 2022
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