Donell Smith v. Emily Berry Barnes Smith

DISMISSED; Opinion Filed February 27, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00245-CV
DONELL SMITH, Appellant
V.
EMILY BERRY BARNES SMITH, Appellee
On Appeal from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-17-17612
MEMORANDUM OPINION
Before Justices Myers, Osborne, and Nowell
Opinion by Justice Nowell
On November 29, 2018, we notified appellant that his brief did not comply with the
requirements of Rule 38 of the Texas Rules of Appellate Procedure and ordered appellant to file a
compliant brief no later than December 10, 2018. Although we cautioned that failure to comply
with the court’s order could result in dismissal of the appeal without further notice, appellant has
not responded. See TEX. R. APP. P. 38.8(a)(1). Accordingly, we dismiss the appeal. See id.
38.8(a)(1); 42.3(b),(c).
/Erin A. Nowell/
ERIN A. NOWELL
180245F.P05 JUSTICE
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DONELL SMITH, Appellant On Appeal from the 302nd Judicial District
Court, Dallas County, Texas
No. 05-18-00245-CV V. Trial Court Cause No. DF-17-17612.
Opinion delivered by Justice Nowell,
EMILY BERRY BARNES SMITH, Justices Myers and Osborne participating.
Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 27th day of February, 2019.
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