Christopher Gannon and Estate of Nancy Gannon v. JPMorgan Chase Bank N.A.

Opinion

Order entered February 26, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00450-CV

CHRISTOPHER GANNON, Appellant

V.

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-08-15791

ORDER Before the Court is appellee’s February 8, 2013 motion to dismiss. Appellee contends the Court should dismiss the appeal because appellant has failed to file a brief. Appellee filed a response asking that the Court not dismiss his appeal. On December 10, 2012, appellant filed a brief. The brief was mistakenly filed in as a letter instead of a brief. The brief is deficient. On February 25, 2013, the Court sent appellant a letter identifying the deficiencies and requesting that he file an amended brief that complies with rule of appellate procedure 38.1 within ten days. See TEX. R. APP. P. 38.1. Accordingly, we DENY appellee’s motion to dismiss the appeal for want of prosecution.

/s/ CAROLYN WRIGHT CHIEF JUSTICE