James L. Dahlem v. Brian Metzger

DISMISS; and Opinion Filed January 22, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00092-CV JAMES L. DAHLEM, Appellant V. BRIAN METZGER, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-13010 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Brown Opinion by Chief Justice Wright Appellant’s brief in this case is past due. By postcard dated April 17, 2013, we notified appellant the time for filing his brief had expired. We directed appellant to file both his brief and an extension motion within ten days. We cautioned appellant that failure to file his brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed his brief, an extension motion, or otherwise corresponded with the Court regarding the status of his brief. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 130092F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES L. DAHLEM, Appellant On Appeal from the 298th Judicial District Court, Dallas County, Texas No. 05-13-00092-CV V. Trial Court Cause No. DC-12-13010. Opinion delivered by Chief Justice Wright. BRIAN METZGER, Appellee Justices Lang-Miers and Brown participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee BRIAN METZGER recover his costs of this appeal from appellant JAMES L. DAHLEM. Judgment entered this 22nd day of January, 2014. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2–