Richard Prendergast v. Five Trees Apartments

• Court: Court of Appeals of Texas
• Decided: November 20, 2018
• Docket: 05-18-00104-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed November 20, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00104-CV

RICHARD PRENDERGAST, Appellant V. FIVE TREES APARTMENTS, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. Cc-17-06295-E

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Justice Brown Appellant’s brief in this case is overdue. On May 24, 2018, after appellant failed to respond

to our inquiry regarding the reporter’s record, we ordered this appeal submitted without a reporter’s

record and appellant’s brief filed within thirty days. By postcard dated June 27, 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 him that failure to file a brief and extension

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

not filed a brief nor otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we DISMISS this appeal. See TEX. R. APP. P. 42.3(b), (c).

/Ada Brown/ ADA BROWN JUSTICE

180104F.P05

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

RICHARD PRENDERGAST, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-18-00104-CV V. Trial Court Cause No. Cc-17-06295-E. Opinion delivered by Justice Brown. Chief FIVE TREES APARTMENTS, Appellee Justice Wright and Justice Evans participating.

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

It is ORDERED that appellee FIVE TREES APARTMENTS recover its costs of this appeal from appellant RICHARD PRENDERGAST.

Judgment entered this 20th day of November, 2018.

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