Phase 2 of the Bailey Group v. Gary Lee Herman

• Court: Court of Appeals of Texas
• Decided: February 27, 2024
• Docket: 05-23-00766-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 27, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00766-CV

PHASE 2 OF THE BAILEY GROUP, Appellant V. GARY LEE HERMAN, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-23-03150-D

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Appellant’s brief in this case has not been filed. By letter dated October 23,

2023, we informed appellant that as a corporation, it must be represented by counsel.

Appellant obtained counsel as directed and by order dated December 13, 2023, we

struck the brief signed by appellant’s agent and ordered counsel to file appellant’s

brief on or before January 12, 2024.

By postcard dated February 8, 2024, we informed appellant its brief was

overdue and directed the brief to be filed within ten days. We cautioned appellant

that failure to do so would result in the dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). To date, appellant has not filed its brief or otherwise

corresponded with the Court regarding the status of this appeal.

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

(c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 230766F.P05

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

PHASE 2 OF THE BAILEY On Appeal from the County Court at GROUP, Appellant Law No. 4, Dallas County, Texas Trial Court Cause No. CC-23-03150- No. 05-23-00766-CV V. D. Opinion delivered by Chief Justice GARY LEE HERMAN, Appellee Burns. Justices Molberg and Goldstein participating.

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

Judgment entered February 27, 2024

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