Frank A. Richards v. Tom's Auto Transport, Inc.

DISMISS; and Opinion Filed January 19, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00851-CV
FRANK A. RICHARDS, Appellant
V.
TOM'S AUTO TRANSPORT, INC., Appellee
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-06468
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Lang-Miers
This is an appeal from the trial court’s June 20, 2017 final judgment. The reporter’s record
in this appeal was due on August 19, 2017. On August 22, 2017, after the court reporter informed
us appellant had not requested the reporter’s record, we directed appellant to provide, within ten
days, written verification he had requested the reporter’s record and either paid the reporter’s fee
or was entitled to proceed without payment of costs. Appellant did not comply.
On October 24, 2017, we ordered the appeal submitted without the reporter’s record and
ordered appellant to file his brief no later than November 22, 2017. See TEX. R. APP. P. 38.8(a)(1).
The brief was not filed, and appellant was directed to file the brief by December 8, 2017 or risk
dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1). Despite being cautioned the appeal could
be dismissed, appellant has yet to file his brief. Accordingly, we dismiss the appeal. See id.,
42.3(b),(c).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
170851F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRANK A. RICHARDS, Appellant On Appeal from the 192nd Judicial District
Court, Dallas County, Texas
No. 05-17-00851-CV V. Trial Court Cause No. DC-15-06468.
Opinion delivered by Justice Lang-Miers.
TOM'S AUTO TRANSPORT, INC., Justices Fillmore and Stoddart participating.
Appellee
In accordance with this Court’s opinion of this date, we DISMISS this appeal.
It is ORDERED that appellee Tom's Auto Transport, Inc. recover its costs of this appeal
from appellant Frank A. Richards.
Judgment entered this 19th day of January, 2018.
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