Jay Sandon Cooper v. the Bank of New York Mellon Trust Co.

Opinion

Dismissed and Opinion Filed February 5, 2014

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00658-CV

JAY SANDON COOPER, Appellant V.

THE BANK OF NEW YORK MELLON TRUST CO., Appellee

On Appeal from the 95th Judicial District Court Dallas County, Texas

Trial Court Cause No. 09-06869

MEMORANDUM OPINION

Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice FitzGerald Appellant’s brief in this case is overdue. By order dated October 31, 2013, we granted

appellant’s request for an extension of time to file his brief, and ordered his brief filed by

November 27, 2013. By postcard dated December 4, 2013, we notified appellant the time for

filing his brief had expired. We directed appellant to file both his brief and an extension motion

within ten days. We cautioned appellant that failure to file his brief and an extension motion

would result in the dismissal of this appeal without further notice. To date, appellant has not

filed his brief, an extension motion, or otherwise corresponded with the Court regarding the

status of his brief.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c).

130658F.P05

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

JAY SANDON COOPER, Appellant On Appeal from the 95th Judicial District Court, Dallas County, Texas No. 05-13-00658-CV V. Trial Court Cause No. 09-06869.

Opinion delivered by Justice FitzGerald.

THE BANK OF NEW YORK MELLON Justices Lang and Fillmore participating. TRUST CO., Appellee

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee THE BANK OF NEW YORK MELLON TRUST CO.

recover its costs of this appeal from appellant JAY SANDON COOPER.

Judgment entered February 5, 2014

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE