Robert J. Shumake v. Luis Barbosa

Opinion

DISMISS and Opinion Filed March 19, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01271-CV

ROBERT J. SHUMAKE, Appellant V.

LUIS BARBOSA, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas

Trial Court Cause No. CC-19-04425-E

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns Before the Court is appellee’s February 26, 2020 motion to dismiss this appeal

for want of prosecution. Our record shows appellant’s brief in this case is overdue.

By order dated January 24, 2020, we granted appellant’s request for an extension of

time to file his brief and ordered appellant’s brief to be filed by February 24, 2020.

By postcard dated March 3, 2020, we notified appellant his brief was overdue. We

directed appellant to file a brief and an extension motion within ten days. We

cautioned appellant that failure to do so might result in the dismissal of this appeal

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without further notice. To date, appellant has not filed a brief, filed an extension

motion, or otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we GRANT appellee’s motion and 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

191271F.P05

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

ROBERT J. SHUMAKE, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-19-01271-CV V. Trial Court Cause No. CC-19-04425-

E.

LUIS BARBOSA, Appellee Opinion delivered by Chief Justice Burns. Justices Molberg and Nowell participating.

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

It is ORDERED that appellee LUIS BARBOSA recover his costs of this appeal from appellant ROBERT J. SHUMAKE.

Judgment entered March 19, 2020