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

• Court: Court of Appeals of Texas
• Decided: December 20, 2019
• Docket: 05-19-01021-CV
• Status: Published

Opinion

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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