Jerry McCall v. Cypress Hill Dr. 604 Land Trust

• Court: Court of Appeals of Texas
• Decided: November 30, 2018
• Docket: 05-18-00218-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed November 30, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00218-CV

JERRY MCCALL, Appellant V. CYPRESS HILL DR. 604 LAND TRUST, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-04413-2015

MEMORANDUM OPINION Before Justices Francis, Stoddart, and Schenck Opinion by Justice Schenck Appellant’s brief is overdue. On May 24, 2018, after appellant failed to respond to our

inquiry regarding the reporter’s record, we ordered the appeal submitted without a reporter’s

record and appellant’s brief to be filed within thirty days. By postcard dated June 27, 2018, we

notified appellant the time for filing his brief had expired. We directed appellant to file a brief and

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

extension motion would result in the dismissal of this appeal without further notice. To date,

appellant has not filed a brief, filed an extension motion, or otherwise corresponded with the Court

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

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

180218F.P05

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

JERRY MCCALL, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-18-00218-CV V. Trial Court Cause No. 199-04413-2015. Opinion delivered by Justice Schenck. CYPRESS HILL DR. 604 LAND TRUST, Justices Francis and Stoddart participating. Appellee

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

It is ORDERED that appellee CYPRESS HILL DR. 604 LAND TRUST recover its costs of this appeal from appellant JERRY MCCALL.

Judgment entered this 30th day of November, 2018.

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