Montgomery Capital Advisers v. Timothy Donell Brown ( 2020 )

DISMISS and Opinion Filed January 29, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01484-CV
MONTGOMERY CAPITAL ADVISERS, LLC, Appellant
V.
TIMOTHY DONELL BROWN AND IRREVOCABLE TRUST “X”, Appellees
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-08355
MEMORANDUM OPINION
Before Justices Myers, Schenck, and Carlyle
Opinion by Justice Myers
It appears the notice of appeal was mistakenly filed with this Court. In the notice of
appeal, appellant states it is appealing the associate judge’s order “to the referring court for a de
novo hearing.” See TEX. GOV’T CODE ANN. § 54A.111(e). We instructed appellant to file, by
December 20, 2019, written correspondence showing cause why this appeal should not be
dismissed and cautioned that failure to comply may result in dismissal of the appeal without
further notice. As of today’s date, appellant has not responded. Accordingly, we dismiss this
appeal. See TEX. R. APP. P. 42.3(a), (c).
/Lana Myers/
LANA MYERS
JUSTICE
191484F.P05
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MONTGOMERY CAPITAL ADVISERS, On Appeal from the 101st Judicial District
LLC, Appellant Court, Dallas County, Texas
Trial Court Cause No. DC-19-08355.
No. 05-19-01484-CV V. Opinion delivered by Justice Myers. Justices
Schenck and Carlyle participating.
TIMOTHY DONELL BROWN AND
IRRECOCABLE TRUST “X”, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees TIMOTHY DONELL BROWN AND IRRECOCABLE
TRUST “X” recover their costs of this appeal from appellant MONTGOMERY CAPITAL
ADVISERS, LLC.
Judgment entered this 29th day of January, 2020.
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