Darlene C. Amrhein v. Prosperity Bank, Jo'el Doe, Keena Clifton, and Naomi Thames

Opinion

DISMISS and Opinion Filed August 30, 2019

S Court of Appeals In The

Fifth District of Texas at Dallas No. 05-18-01493-CV

DARLENE C. AMRHEIN, Appellant V. PROSPERITY BANK, JO'EL DOE, KEENA CLIFTON, AND NAOMI THAMES, Appellees

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-05352-2016

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns Appellees have filed a motion to dismiss this appeal based, in part, on appellant’s failure

to file her brief. See TEX. R. APP. P. 38.8(a)(1). For the reasons that follow, we grant the motion.

Appellant’s brief was first due June 28, 2019. Appellant did not file a brief but instead

notified the Court she had filed for bankruptcy and asserted that, because of the Bankruptcy Code’s

automatic stay, the appeal could not proceed.

By order dated July 3, 2019, we determined the automatic stay did not suspend the appeal

as the underlying suit was filed by appellant. We ordered appellant to file her brief no later than

August 2, 2019 and cautioned her that failure to comply could result in dismissal of the appeal

without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). On July 11, 2019, appellant

objected to our order and informed the Court she would not be filing a brief. On August 12, 21, and 23, 2019, appellant filed responses to appellees’ motion to dismiss,

complaining again of our determination that the automatic stay did not suspend the appeal and

asserting new reasons for why she did not file a brief.1 We are unpersuaded, however, by

appellant’s arguments. Accordingly, based on the filings to date, we grant appellees’ motion and

dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

181493F.P05

1 In the August 21 and 23 responses, she also seeks the recusal of Justice Robbie Partida-Kipness. The recusal has been addressed by separate order.

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DARLENE C. AMRHEIN, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-18-01493-CV V. Trial Court Cause No. 199-05352-2016. Opinion delivered by Chief Justice Burns, PROSPERITY BANK, JO'EL DOE, Justices Molberg and Nowell participating. KEENA CLIFTON, AND NAOMI THAMES, Appellees

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

Judgment entered August 30, 2019.

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