Roger and Edna Payne v. Gurley Place Apartments

• Court: Court of Appeals of Texas
• Decided: August 15, 2016
• Docket: 05-15-01247-CV
• Status: Published

Opinion

Dismissed and Opinion Filed August 15, 2016

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01247-CV

ROGER AND EDNA PAYNE, Appellants V. GURLEY PLACE APARTMENTS, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-15-04830-E

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Appellants’ brief in this case is overdue. By postcard dated May 17, 2016, we notified

appellants the time for filing their brief had expired. We directed appellants to file both their

brief and an extension motion within ten days. We cautioned appellants that failure to file their

brief and an extension motion would result in the dismissal of this appeal without further notice.

To date, appellants have not filed their brief, an extension motion, or otherwise corresponded

with the Court regarding the status of their brief. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

/ Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

151247F.P05

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

ROGER AND EDNA PAYNE, Appellants On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-15-01247-CV V. Trial Court Cause No. CC-15-04830-E. Opinion delivered by Chief Justice Wright. GURLEY PLACE APARTMENTS, Justices Lang-Miers and Stoddart Appellee participating.

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

It is ORDERED that appellee GURLEY PLACE APARTMENTS recover its costs of this appeal from appellants ROGER AND EDNA PAYNE.

Judgment entered August 15, 2016.

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