Oscar Turner v. Ally Financial Inc.

• Court: Court of Appeals of Texas
• Decided: January 30, 2019
• Docket: 05-18-00620-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed January 30, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00620-CV

OSCAR TURNER, Appellant V. ALLY FINANCIAL INC., Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-15114

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns Appellant’s brief in this case is overdue. After appellant failed to respond to our inquiry

regarding the reporter’s record, we ordered the appeal submitted without a reporter’s record and

appellant’s brief to be filed by November 5, 2018. By postcard dated November 7, 2018, we

notified appellant the time for filing his brief had expired. We directed appellant to file a brief and

an extension motion within ten days. We cautioned appellant that failure to file a brief and an

extension motion would result in the dismissal of this appeal without further notice. To date,

appellant has not filed his brief nor otherwise corresponded with the Court regarding the status of

this appeal. Accordingly, we dismiss this appeal. TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

180620F.P05

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

OSCAR TURNER, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-18-00620-CV V. Trial Court Cause No. DC-17-15114. Opinion delivered by Chief Justice Burns. ALLY FINANCIAL INC., Appellee Justices Whitehill and Molberg participating.

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

Judgment entered this 30th day of January, 2019.

–3–