Esparza, Mario A v. Citimortgage, Inc.

Opinion

DISMISS; Opinion issued May 6, 2013

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-12-01231-CV

MARIO A. ESPARZA, Appellant V. CITIMORTGAGE, INC., Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-11-04997-A

MEMORANDUM OPINION Before Justices O'Neill, Francis, and Fillmore

The Court has before it appellee’s April 19, 2013 motion to dismiss. On December 12,

2012, the Court notified appellant that the time to file his brief had expired, and, if he did not file

a brief and an extension motion within ten days, the appeal would be dismissed. To date,

appellant has not filed the brief and extension motion or otherwise communicated with the Court

regarding this appeal.

Accordingly, we GRANT appellee’s motion and DISMISS this appeal. See TEX. R. APP.

P. 38.8(a)(1).

PER CURIAM

121231F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARIO A ESPARZA, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-12-01231-CV V. Trial Court Cause No. CC-11-04997-A. Opinion delivered per curiam. Justices CITIMORTGAGE, INC., Appellee O'Neill, Francis, and Fillmore sitting for the Court.

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

It is ORDERED that appellee CITIMORTGAGE, INC. recover its costs of this appeal from appellant MARIO A ESPARZA.

Judgment entered May 6, 2013.

/Molly Francis/ MOLLY FRANCIS JUSTICE

1201231 esparza op.docx –2–