Dismiss and Opinion Filed July 2, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01612-CV
MARISSA FULLER AND OTHER OCCUPANTS, Appellant
V.
BANK OF AMERICA N.A., Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-13-06186-B
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Brown
Opinion by Chief Justice Wright
Before the Court is appellee’s June 9, 2014 second motion to dismiss appeal for want of
prosecution. In the motion, appellee requests the Court to dismiss the appeal for want of
prosecution because appellant has failed to timely file her brief. Our records show that, among
other things, appellant filed a motion to extend time to file her brief on May 9, 2014. By
postcard dated May 12, 2014, the Court granted appellant an extension of time to file her brief
until May 27, 2014 and expressly cautioned appellant that failure to do so would result in the
dismissal of her appeal without further notice. On June 9, 2014, appellee filed its motion to
dismiss the appeal for want of prosecution. Appellant did not respond to appellee’s motion to
dismiss, has not filed her brief, and has not otherwise corresponded with the Court regarding the
status of her brief.
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Accordingly, we grant appellee’s motion and dismiss this appeal. See TEX. R. APP. P.
42.3(b).
131612F.P05
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARISSA FULLER AND OTHER On Appeal from the County Court at Law
OCCUPANTS, Appellant No. 2, Dallas County, Texas
Trial Court Cause No. CC-13-06186-B.
No. 05-13-01612-CV V. Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Brown
BANK OF AMERICA N.A., Appellee participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
It is ORDERED that appellee BANK OF AMERICA N.A. recover its costs of this
appeal from appellant MARISSA FULLER AND OTHER OCCUPANTS.
Judgment entered July 2, 2014
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