Mittie Fleming DBA v. Subway Restaurant, 1309 Main St, LLC and Buscom Group, LLC

• Court: Court of Appeals of Texas
• Decided: January 12, 2015
• Docket: 05-14-00321-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed January 7, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00321-CV

MITTIE FLEMING DBA, Appellant

V.

SUBWAY RESTAURANT AND INSURANCE CO.; BASCOM GROUP, LLC; AND 1309 MAIN ST APARTMENTS, LLC, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-00683

MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Myers Opinion by Justice Myers On November 7, 2014, we ordered appellant to file an amended brief no later than

December 8, 2014. We cautioned appellant that failure to comply could result in dismissal of the

appeal without further notice. See TEX. R. APP. P. 38.8(a)(1); 42.3(b),(c). To date, appellant has

not filed the brief or otherwise communicated with the Court. Accordingly, we dismiss the

appeal. See id. 42.3(b),(c).

/Lana Myers/ 140321F.P05 LANA MYERS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MITTIE FLEMING DBA, Appellant On Appeal from the 44th Judicial District Court, Dallas County, Texas No. 05-14-00321-CV V. Trial Court Cause No. DC-13-00683. Opinion delivered by Justice Myers. Justices SUBWAY RESTAURANT AND Bridges and Lang-Miers participating. INSURANCE CO.; BASCOM GROUP, LLC; AND 1309 MAIN ST, LLC, Appellees

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

We ORDER that appellees Subway Restaurant and Insurance Co.; Bascom Group, LLC; and 1309 Main St, LLC recover their costs, if any, of this appeal from appellant Mittie Fleming DBA.

Judgment entered this 7th day of January, 2015.

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