Gerald Alexander v. Wells Fargo Bank, NA

DISMISS; and Opinion Filed July 9, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01545-CV GERALD ALEXANDER AND ALL OTHER OCCUPANTS OF 2713 CARMEL DR., CARROLLTON, TX 75006, Appellant V. WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, NA F/K/A WACHOVIA MORTGAGE FSB F/K/A WORLD SAVINGS BANK, FSB, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-12-06478-E MEMORANDUM OPINION Before Justices O'Neill, Francis, and Fillmore Opinion Per Curiam The Court has before it appellee’s June 14, 2013 second motion to dismiss for failure to prosecute. On April 17, 2013, this Court ordered appellant to file his brief within ten days and informed him that his appeal could be dismissed without further notice if he did not do so. To date, appellant has not filed the brief or otherwise communicated with the Court regarding this appeal. Accordingly, we GRANT appellee’s motion and DISMISS this appeal. See TEX. R. APP. P. 38.8(a)(1). PER CURIAM 121545F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERALD ALEXANDER AND ALL On Appeal from the County Court at Law OTHER OCCUPANTS OF 2713 CARMEL No. 5, Dallas County, Texas DR, CARROLLTON, TX 75006, Appellant Trial Court Cause No. CC-12-06478-E. Opinion delivered per curiam. Justices No. 05-12-01545-CV V. O'Neill, Francis and Fillmore sitting for the Court. WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, NA F/K/A WACHOVIA MORTGAGE FSB F/K/A WORLD SAVINGS BANK, FSB, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, NA F/K/A WACHOVIA MORTGAGE FSB F/K/A WORLD SAVINGS BANK, FSB recover its costs of this appeal from appellant GERALD ALEXANDER AND ALL OTHER OCCUPANTS OF 2713 CARMEL DR, CARROLLTON, TX 75006. Judgment entered this 9th day of July, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE –2–