Rosalind Kelly v. Ricardo Mejia D/B/A E & R Trucking

Opinion

Dismissed and Opinion Filed November 24, 2015

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00558-CV

ROSALIND KELLY, Appellant V.

RICARDO MEJIA D/B/A E & R TRUCKING, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-09-08584

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Appellant’s brief in this case is overdue. By postcard dated August 6, 2015, we notified

appellant the time for filing her brief had expired. We directed appellant to file both her brief and an extension motion within ten days. We cautioned appellant that failure to file her brief and an extension motion would result in the dismissal of this appeal without further notice. On August 25, 2015, the Court received, but did not file a motion for an extension of time to file appellant’s brief. By postcard dated August 26, 2015, we notified appellant the motion filing fee was due, and that failure to remit the fee within ten days would result in the Court taking appropriate action, including dismissal of the case without further notice. On September 8, 2015, the Court notified appellant that although she had submitted an electronic document for filing, the document was not filed because it failed to comply with rule 9 of the Texas Rules of

Appellate Procedure. We directed appellant to file a corrected document within three days. And, on September 28, 2015, the Court notified appellant that although she had submitted an electronic brief for filing, it was not filed because it failed to comply with rule 9 of the Texas Rules of Appellate Procedure. We again directed appellant to file a corrected brief within three days. The same day, we notified appellant that we had not filed her motion to extend time to file the brief because appellant did not submit the motion filing fee with the motion. To date, appellant has not filed her brief, an extension motion, or otherwise corresponded with the Court regarding the status of her brief.

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

150558F.P05 /Carolyn Wright/ CAROLYN WRIGHT

CHIEF JUSTICE

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

ROSALIND KELLY, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-15-00558-CV V. Trial Court Cause No. DC-09-08584.

Opinion delivered by Chief Justice Wright.

RICARDO MEJIA D/B/A E & R Justices Lang-Miers and Stoddart TRUCKING, Appellee participating.

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

It is ORDERED that appellee RICARDO MEJIA D/B/A E & R TRUCKING recover its costs of this appeal from appellant ROSALIND KELLY.

Judgment entered November 24, 2015.