Melinda Lehye and All Occupants v. Citimortgage, Inc.

Opinion

Dismissed; Opinion Filed October 1, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00351-CV

MELINDA LEHYE AND ALL OCCUPANTS, Appellant V. CITIMORTGAGE, INC., Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-18-06692-D

MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell On September 12, 2019, we notified appellant her brief was overdue and directed her to

file, within ten days, both the brief and an extension motion in compliance with Texas Rule of

Appellate Procedure 10.5(b). Although we cautioned appellant that failure to file the brief and

motion as directed would result in the appeal being dismissed, the brief has not been filed. See

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

/Erin A. Nowell/ ERIN A. NOWELL 190351F.P05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MELINDA LEHYE AND ALL On Appeal from the County Court at Law OCCUPANTS, Appellant No. 4, Dallas County, Texas Trial Court Cause No. CC-18-06692-D. No. 05-19-00351-CV V. Opinion delivered by Justice Nowell, Justices Myers and Osborne participating. CITIMORTGAGE, INC., Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee CitiMortgage, Inc. recover its costs, if any, of this appeal from appellant Melinda Lehye and All Occupants.

Judgment entered this 1st day of October, 2019.