Pace, Derwin v. Bank of America

Order entered October 1, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00824-CV DERWIN PACE, Appellant V. BANK OF AMERICA, N.A., Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-12-02794-C ORDER We DENY appellee’s September 12, 2013 motion to dismiss the appeal for want of prosecution. Appellant’s brief is past due. Accordingly, on the Court’s own motion, we ORDER appellant to file, ON OR BEFORE OCTOBER 21, 2013, a brief along with a motion for extension that complies with Rule 10.1(a) of the Texas Rules of Appellate Procedure. We caution appellant that failure to file a brief and extension motion on or before OCTOBER 21, 2013 will result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). /s/ DAVID LEWIS JUSTICE