Montgomery Capital Advisers v. Timothy Donell Brown

Opinion

DISMISS and Opinion Filed January 29, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01484-CV

MONTGOMERY CAPITAL ADVISERS, LLC, Appellant V.

TIMOTHY DONELL BROWN AND IRREVOCABLE TRUST “X”, Appellees

On Appeal from the 101st Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-19-08355

MEMORANDUM OPINION Before Justices Myers, Schenck, and Carlyle Opinion by Justice Myers

It appears the notice of appeal was mistakenly filed with this Court. In the notice of appeal, appellant states it is appealing the associate judge’s order “to the referring court for a de novo hearing.” See TEX. GOV’T CODE ANN. § 54A.111(e). We instructed appellant to file, by December 20, 2019, written correspondence showing cause why this appeal should not be dismissed and cautioned that failure to comply may result in dismissal of the appeal without further notice. As of today’s date, appellant has not responded. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(a), (c).

/Lana Myers/ LANA MYERS JUSTICE

191484F.P05

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

MONTGOMERY CAPITAL ADVISERS, On Appeal from the 101st Judicial District LLC, Appellant Court, Dallas County, Texas Trial Court Cause No. DC-19-08355.

No. 05-19-01484-CV V. Opinion delivered by Justice Myers. Justices Schenck and Carlyle participating.

TIMOTHY DONELL BROWN AND IRRECOCABLE TRUST “X”, Appellees

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

It is ORDERED that appellees TIMOTHY DONELL BROWN AND IRRECOCABLE TRUST “X” recover their costs of this appeal from appellant MONTGOMERY CAPITAL ADVISERS, LLC.

Judgment entered this 29th day of January, 2020.