Donell Smith v. Emily Berry Barnes Smith

• Court: Court of Appeals of Texas
• Decided: February 27, 2019
• Docket: 05-18-00245-CV
• Status: Published

Opinion

DISMISSED; Opinion Filed February 27, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00245-CV

DONELL SMITH, Appellant V. EMILY BERRY BARNES SMITH, Appellee

On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-17612

MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell

On November 29, 2018, we notified appellant that his brief did not comply with the

requirements of Rule 38 of the Texas Rules of Appellate Procedure and ordered appellant to file a

compliant brief no later than December 10, 2018. Although we cautioned that failure to comply

with the court’s order could result in dismissal of the appeal without further notice, appellant has

not responded. See TEX. R. APP. P. 38.8(a)(1). Accordingly, we dismiss the appeal. See id.

38.8(a)(1); 42.3(b),(c).

/Erin A. Nowell/ ERIN A. NOWELL 180245F.P05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DONELL SMITH, Appellant On Appeal from the 302nd Judicial District Court, Dallas County, Texas No. 05-18-00245-CV V. Trial Court Cause No. DF-17-17612. Opinion delivered by Justice Nowell, EMILY BERRY BARNES SMITH, Justices Myers and Osborne participating. Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 27th day of February, 2019.

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