Dismiss and Opinion Filed June 12, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00825-CV
CARL BENSON, Appellant
V.
JP MORGAN CHASE BANK, N.A, Appellee
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-11135-F
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Lewis
Opinion by Chief Justice Wright
Before the Court is appellee JP Morgan Chase Bank, N.A.’s motion to dismiss the appeal for
want of prosecution. Chase Bank asserts the appeal should be dismissed because appellant Carl
Benson has failed to file an amended brief despite numerous extensions. Our records reflect that
we have granted Benson three extensions over the last six months, and we last ordered him to file
his brief no later than May 8, 2013. In that order, we cautioned Benson that failure to comply
might result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). To
date, Benson has neither filed his amended brief nor otherwise communicated with the Court
regarding the appeal. Accordingly, we grant Chase Bank’s motion, and dismiss the appeal. See
id. 42.3(b).
/Carolyn Wright/
120825F.P05 CAROLYN WRIGHT
CHIEF JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CARL BENSON, Appellant On Appeal from the 116th Judicial District
Court, Dallas County, Texas
No. 05-12-00825-CV V. Trial Court Cause No. DC-10-11135-F.
Opinion delivered by Chief Justice Wright.
JP MORGAN CHASE BANK, N.A., Justices Lang-Miers and Lewis participating.
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee JP Morgan Chase Bank, N.A. recover its costs, if any, of this
appeal from appellant Carl Benson.
Judgment entered June 12, 2013.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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