Brian Vodicka v. Michael B. Tobolowsky, of the Estate of Ira E. Tobolowsky

Dismiss; Opinion Filed December 20, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01021-CV
BRIAN E. VODICKA, Appellant
V.
MICHAEL B. TOBOLOWSKY, EXECUTOR OF THE ESTATE OF IRA E.
TOBOLOWSKY, Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-08135
MEMORANDUM OPINION
Before Justices Myers, Schenck, and Carlyle
Opinion by Justice Myers
This appeal challenges two orders concerning post-judgment discovery. By letter dated
November 20, 2019, we questioned our jurisdiction over the appeal as the orders did not appear to
be appealable. See Bielamowicz v. Cedar Hill Indep. Sch. Dist., 136 S.W.3d 718, 723 (Tex. App.—
Dallas 2004, pet. denied) (“Mandamus is appropriate to obtain judicial review of a trial court’s
post-judgment discovery order.”). We directed appellant to file, no later than December 2, 2019,
a letter brief addressing our concern and cautioned that failure to do so would result in dismissal
of the appeal without further notice. See TEX. R. APP. P. 42.3(a),(c). To date, however, appellant
has not complied or otherwise corresponded with the Court. Accordingly, we dismiss the appeal.
See id. 42.3(a),(c).
/Lana Myers/
LANA MYERS
191021F.P05 JUSTICE
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRIAN E. VODICKA, Appellant On Appeal from the 14th Judicial District
Court, Dallas County, Texas
No. 05-19-01021-CV V. Trial Court Cause No. DC-15-08135.
Opinion delivered by Justice Myers,
MICHAEL B. TOBOLOWSKY, Justices Schenck and Carlyle participating.
EXECUTOR OF THE ESTATE OF IRA E.
TOBOLOWSKY, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 20th day of December, 2019.
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