Dismissed and Opinion Filed February 5, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00658-CV JAY SANDON COOPER, Appellant V. THE BANK OF NEW YORK MELLON TRUST CO., Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. 09-06869 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice FitzGerald Appellant’s brief in this case is overdue. By order dated October 31, 2013, we granted appellant’s request for an extension of time to file his brief, and ordered his brief filed by November 27, 2013. By postcard dated December 4, 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). 130658F.P05 /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAY SANDON COOPER, Appellant On Appeal from the 95th Judicial District Court, Dallas County, Texas No. 05-13-00658-CV V. Trial Court Cause No. 09-06869. Opinion delivered by Justice FitzGerald. THE BANK OF NEW YORK MELLON Justices Lang and Fillmore participating. TRUST CO., Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee THE BANK OF NEW YORK MELLON TRUST CO. recover its costs of this appeal from appellant JAY SANDON COOPER. Judgment entered February 5, 2014 /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE –3–