Allied Builder, Inc. v. Gomez Brothers Construction, Inc.

• Court: Court of Appeals of Texas
• Decided: August 20, 2014
• Docket: 05-14-00348-CV
• Status: Published

Opinion

Dismiss and Opinion Filed August 20, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00348-CV

ALLIED BUILDERS, INC., Appellant V. GOMEZ BROTHERS CONSTRUCTION, INC., Appellee

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. 11-02127

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Brown Opinion by Chief Justice Wright Appellant’s brief was due June 27, 2014. By postcard dated June 30, 2014, we informed appellant that the time for filing its brief had expired. We directed appellant to file both a brief as well as a motion to extend time to file the brief within ten days of the date of the postcard. We cautioned appellant that the failure to file a brief and extension motion within the time stated would result in the dismissal of this appeal without further notice. To date, appellant has not filed a brief or an extension motion, nor has it otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we DISMISS this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

140348F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ALLIED BUILDERS, INC., Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-14-00348-CV V. Trial Court Cause No. 11-02127. Opinion delivered by Chief Justice Wright, GOMEZ BROTHERS CONSTRUCTION, Justices Lang-Miers and Brown INC., Appellee participating.

In accordance with this Court’s opinion of this date, we DISMISS this appeal.

We ORDER that appellee GOMEZ BROTHERS CONSTRUCTION, INC. recover its costs, if any, of this appeal from appellant ALLIED BUILDERS, INC.

Judgment entered August 20, 2014

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