Monique Degenstein v. Donald Milton Smith

• Court: Court of Appeals of Texas
• Decided: June 9, 2022
• Docket: 05-21-00906-CV
• Status: Published

Opinion

Dismiss and Opinion Filed June 9, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00906-CV

MONIQUE DEGENSTEIN, Appellant V. DONALD MILTON SMITH, ET AL., Appellees

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-04320

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Garcia Opinion by Justice Garcia After appellant failed to timely file her brief, we directed appellant by postcard

dated March 25, 2022 to file her brief within ten days and cautioned her that failure

to do so would result in the dismissal of this appeal without further notice.1 See TEX.

R. APP. P. 38.8(a)(1). To date, appellant has not filed her brief or otherwise

corresponded with the Court regarding the status of this appeal.

1 By orders dated March 11, 2022 and April 29, 2022, we denied appellant’s counsel’s motion to withdraw for failure to comply with rule 6.5 of the Texas Rules of Appellate Procedure. In both motions, appellant’s counsel stated Ms. Degenstein had discharged counsel. The notice regarding the overdue brief was sent to Ms. Degenstein at her last known address. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1);

42.3(b),(c).

/Dennise Garcia/ 210906f.p05 DENNISE GARCIA JUSTICE

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

MONIQUE DEGENSTEIN, On Appeal from the 193rd Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-21-04320. No. 05-21-00906-CV V. Opinion delivered by Justice Garcia. Justices Molberg and Reichek DONALD MILTON SMITH, ET participating. AL., Appellees

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

Judgment entered this 9th day of June, 2022.

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