Briley Epperson v. Lizabeth Autrey

Dismiss and Opinion Filed July 31, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00455-CV BRILEY EPPERSON, Appellant V. LIZABETH AUTREY, Appellee On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-13-00965-A MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright By notice dated May 31, 2013, we notified appellant that his brief was overdue. We directed appellant to file his brief and an extension motion within ten days, and warned that failure to do so would result in dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1). To date, appellant has neither filed his brief nor communicated with the Court regarding the appeal. Accordingly, we dismiss the appeal for want of prosecution. /Carolyn Wright/ CAROLYN WRIGHT 130455F.P05 CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRILEY EPPERSON, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-13-00455-CV V. Trial Court Cause No. CC-13-00965-A. Opinion delivered by Chief Justice Wright, LIZABETH AUTREY, Appellee Justices Lang-Miers and Lewis participating. In accordance with this Court’s opinion of this date, we DISMISS the appeal for want of prosecution. We ORDER that appellee Lizabeth Autrey recover her costs of this appeal, if any, from appellant Briley Epperson. Judgment entered July 31, 2013 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2–