Lacy Harber v. Gerardus Smith

• Court: Court of Appeals of Texas
• Decided: December 20, 2018
• Docket: 05-18-00713-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 20, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00713-CV

LACY HARBER, Appellant V. GERARDUS SMITH, Appellee

On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-18-0679

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Appellant’s brief in this case is overdue. By orders dated October 2, 2018 and October 4,

2018, we granted appellant’s counsels’ motions to withdraw and extended the time to file

appellant’s brief until November 19, 2018. By postcard dated November 21, 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 his brief nor otherwise corresponded with the Court regarding the status of

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

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

180713F.P05

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

LACY HARBER, Appellant On Appeal from the 15th Judicial District Court, Grayson County, Texas No. 05-18-00713-CV V. Trial Court Cause No. CV-18-0679. Opinion delivered by Chief Justice Wright. GERARDUS SMITH, Appellee Justices Evans and Brown participating.

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

It is ORDERED that appellee GERARDUS SMITH recover his costs of this appeal from appellant LACY HARBER.

Judgment entered December 20, 2018

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