Richard J. Bacon v. Navient Solutions

• Court: Court of Appeals of Texas
• Decided: July 2, 2018
• Docket: 05-17-01397-CV
• Status: Published

Opinion

Dismissed and Opinion Filed July 2, 2018

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-17-01397-CV

RICHARD J. BACON, Appellant V. NAVIENT SOLUTIONS, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-17-00603-E

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Appellant’s brief in this case is overdue.1 By letter dated February 23, 2018, we notified

appellant the brief received by the Court on February 6, 2018 was deficient. We noted the

numerous ways in which appellant’s brief did not comply with rule 38 of the Texas Rules of

Appellate Procedure. Because neither the clerk’s record nor the reporter’s record had yet been

filed, we also informed appellant that his amended brief complying with rule 38 was not due until

thirty days after the record had been filed. To date, appellant has not filed an amended brief, filed

an extension motion, nor otherwise corresponded with the Court regarding the status of this appeal.

1 Appellant filed a docketing statement on February 6, 2018, indicating he had not requested a reporter’s record. Therefore, the deadline for filing appellant’s brief was thirty days after the clerk’s record was filed. Accordingly, we dismiss this appeal. TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

171397F.P05

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

RICHARD J. BACON, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-17-01397-CV V. Trial Court Cause No. CC-17-00603-E. Opinion delivered by Chief Justice Wright. NAVIENT SOLUTIONS, Appellee Justices Evans and Brown participating.

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

Judgment entered July 2, 2018

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