Johnson, Dena v. CitiBank, NA

DISMISS; and Opinion Filed January 6, 2014. SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01173-CV DENA JOHNSON, Appellant V. CITIBANK (SOUTH DAKOTA) NA, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-02409 MEMORANDUM OPINION Before Justices Francis, Lang-Miers, and Lewis Opinion by Justice Lewis On December 4, 2013, the Court reinstated this appeal, which had been abated due to the bankruptcy filing of appellant. We ordered appellant to file, within ten days, either a motion to dismiss the appeal or a motion to maintain the appeal explaining why it should be maintained on the Court’s docket. We warned appellant that if we did not receive either within the time specified, we would, without further notice, dismiss the appeal. To date, appellant has not filed any motions nor communicated with the Court regarding the appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(c). /David Lewis/ DAVID LEWIS JUSTICE 111173F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DENA JOHNSON, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-11-01173-CV V. Trial Court Cause No. DC-10-02409. Opinion delivered by Justice Lewis, CITIBANK (SOUTH DAKOTA) NA, Justices Francis and Lang-Miers Appellee participating. In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that each party bear its own costs of the appeal. Judgment entered this 6th day of January, 2014. /David Lewis/ DAVID LEWIS JUSTICE –2–