Marcus Don Moseley v. Phyllis Nobles Moseley

• Court: Court of Appeals of Texas
• Decided: January 21, 2022
• Docket: 05-21-00550-CV
• Status: Published

Opinion

Dismiss and Opinion Filed January 21, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00550-CV

MARCUS DON MOSELEY, Appellant V. PHYLLIS NOBLES MOSELEY, Appellee

On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-19-22893

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Carlyle Opinion by Justice Nowell Appellant filed his brief in this appeal on October 7, 2021. The brief did not

comply with rule 38.1 of the Texas Rules of Civil Procedure. Among other things,

appellant’s three-page brief did not contain citations to the record, did not contain

citations to authority, and did not contain any legal argument specifying how the

trial court erred and why this Court should reverse the trial court’s judgment. We

notified appellant by letter that his brief was deficient and directed him to file an

amended brief that complied with rule 38.1 within ten days. We cautioned appellant

that failure to do so might result in the dismissal of this appeal without further notice.

To date appellant has failed to do so. Appellee has now filed a motion to dismiss the appeal, relying in part, on

appellant’s failure to file a brief compliant with rule 38.1. We grant appellee’s

motion and dismiss this appeal. See TEX. R. APP. P. 38.1; 38.8; 42.3 (b)(c).

210550f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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

MARCUS DON MOSELEY, On Appeal from the 303rd Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DF-19-22893. No. 05-21-00550-CV V. Opinion delivered by Justice Nowell. Justices Reichek and Carlyle PHYLLIS NOBLES MOSELEY, participating. Appellee

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

It is ORDERED that appellee PHYLLIS NOBLES MOSELEY recover her costs of this appeal from appellant MARCUS DON MOSELEY.

Judgment entered this 21st day of January, 2022.

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