John Gardner v. Melissa Patt Gardner

Court of Appeals of Texas·Decided March 8, 2019·No. 05-18-00566-CV·Published

Opinion

DISMISS; and Opinion Filed March 8, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00566-CV

JOHN GARDNER, Appellant V. MELISSA PATT GARDNER, Appellee

On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-25055

MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Osborne Appellant’s brief has not been filed despite appellant being cautioned, by postcard dated

December 10, 2018, that failure to file the brief by December 20, 2018 would result in dismissal

of the appeal. See TEX. R. APP. P. 38.8(a)(1). Accordingly, we dismiss the appeal. See id.

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

/Leslie Osborne/ LESLIE OSBORNE JUSTICE 180566F.P05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN GARDNER, Appellant On Appeal from the 303rd Judicial District Court, Dallas County, Texas No. 05-18-00566-CV V. Trial Court Cause No. DF-17-25055. Opinion delivered by Justice Osborne. MELISSA PATT GARDNER, Appellee Justices Myers and Nowell participating.

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

It is ORDERED that appellee MELISSA PATT GARDNER recover her costs, if any, of this appeal from appellant JOHN GARDNER.

Judgment entered this 8th day of March, 2019.

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