Michael D. Rodgers Sr. v. Bank of America

Opinion

Dismiss and Opinion Filed September 24, 2013

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00357-CV

MICHAEL D. RODGERS SR., Appellant V.

BANK OF AMERICA, N.A., Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas

Trial Court Cause No. CC-13-00429-B

MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion Per Curiam

The Court has before it appellee’s September 9, 2013 motion to dismiss appeal as moot

and for failure to prosecute. Appellant has not responded to the motion nor filed his brief, which

was due on May 1, 2013. The Court accordingly GRANTS the motion and DISMISSES this

appeal. See TEX. R. APP. P. 42.3.

130357F.P08 PER CURIAM

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

MICHAEL D. RODGERS SR., Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-13-00357-CV V. Trial Court Cause No. CC-13-00429-B.

Opinion delivered Per Curiam. Justices BANK OF AMERICA, N.A., Appellee Bridges, Fillmore and Lewis sitting for the Court.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee BANK OF AMERICA, N.A. recover its costs of this appeal from appellant MICHAEL D. RODGERS SR.

Judgment entered September 24, 2013

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

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