DISMISS; and Opinion Filed January 7, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00321-CV
MITTIE FLEMING DBA, Appellant
V.
SUBWAY RESTAURANT AND INSURANCE CO.; BASCOM GROUP, LLC; AND 1309
MAIN ST APARTMENTS, LLC, Appellees
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-00683
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Myers
On November 7, 2014, we ordered appellant to file an amended brief no later than
December 8, 2014. We cautioned appellant that failure to comply could result in dismissal of the
appeal without further notice. See TEX. R. APP. P. 38.8(a)(1); 42.3(b),(c). To date, appellant has
not filed the brief or otherwise communicated with the Court. Accordingly, we dismiss the
appeal. See id. 42.3(b),(c).
/Lana Myers/
140321F.P05 LANA MYERS
JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MITTIE FLEMING DBA, Appellant On Appeal from the 44th Judicial District
Court, Dallas County, Texas
No. 05-14-00321-CV V. Trial Court Cause No. DC-13-00683.
Opinion delivered by Justice Myers. Justices
SUBWAY RESTAURANT AND Bridges and Lang-Miers participating.
INSURANCE CO.; BASCOM GROUP,
LLC; AND 1309 MAIN ST, LLC,
Appellees
In accordance with this Court’s opinion, we DISMISS the appeal.
We ORDER that appellees Subway Restaurant and Insurance Co.; Bascom Group, LLC;
and 1309 Main St, LLC recover their costs, if any, of this appeal from appellant Mittie Fleming
DBA.
Judgment entered this 7th day of January, 2015.
–2–
Mittie Fleming DBA v. Subway Restaurant, 1309 Main St, LLC and Buscom Group, LLC
Combined Opinion