Wayne A. Rand v. Dorothy Dennise Rand

Opinion

Dismissed and Opinion Filed December 8, 2015.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-01577-CV

WAYNE A. RAND, Appellant

V.

DOROTHY DENNISE RAND, Appellee

On Appeal from the 255th Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-1306590

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang and Brown Opinion by Justice Lang

Appellee has moved to dismiss this appeal based on appellant’s failure to prosecute. See TEX. R. APP. P. 38.8(a)(1). Our records reflect appellant’s brief was originally due July 16, 2015. On October 19, 2015, after giving appellant more than ninety additional days to file his brief, we ordered appellant to file his brief no later than November 9, 2015. In our order, we cautioned appellant that no further extensions would be granted. To date, however, he has not filed his brief. He also has not filed a response to appellee’s motion, which was filed November 24, 2015. Because appellant has failed to file his brief, we grant appellee’s motion and dismiss the appeal. See id.; see also TEX. R. APP. P. 42.3(b),(c).

/Douglas S. Lang/

DOUGLAS S. LANG

141577F.P05 JUSTICE

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

WAYNE A. RAND, Appellant On Appeal from the 255th Judicial District Court, Dallas County, Texas No. 05-14-01577-CV V. Trial Court Cause No. DF-1306590.

Opinion delivered by Justice Lang. Chief DOROTHY DENNISE RAND, Appellee Justice Wright and Justice Brown participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellee Dorothy Dennise Rand recover her costs, if any, of this appeal from appellant Wayne A. Rand.

Judgment entered this 8th day of December, 2015.