DISMISS; Opinion issued April 29, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01326-CV
GABRIEL AGUINAGA, SAN JUANA GONZALEZ-AGUINAGA, AND ALL OTHER
OCCUPANTS OF 233 LOS CABOS DRIVE, DALLAS, TEXAS 75232, Appellants
V.
WELLS FARGO BANK, NA, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-12-04400-B
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Lewis
Opinion by Chief Justice Wright
Before the Court is appellee’s April 4, 2013 second motion to dismiss the appeal.
Appellee contends the appeal should be dismissed for failure to prosecute. By order dated
February 8, 2013, the Court ordered appellants to file their brief by March 8, 2013 and cautioned
appellants that failure to do so will result in dismissal of their appeal. As of today’s date,
appellants have not filed a brief. Accordingly, we grant appellee’s motion and dismiss the
appeal. See TEX. R. APP. P. 42.3(b) & (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
121326F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GABRIEL AGUINAGA, SAN JUANA On Appeal from the County Court at Law
GONZALEZ-AGUINAGA, AND ALL No. 2, Dallas County, Texas
OTHER OCCUPANTS OF 233 LOS Trial Court Cause No. CC-12-04400-B.
CABOS DRIVE, DALLAS, TEXAS 75232, Opinion delivered by Chief Justice Wright.
Appellants Justices Lang-Miers and Lewis participating.
No. 05-12-01326-CV V.
WELLS FARGO BANK, NA, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, WELLS FARGO BANK, NA, recover its costs of this
appeal from appellants, GABRIEL AGUINAGA, SAN JUANA GONZALEZ-AGUINAGA,
AND ALL OTHER OCCUPANTS OF 233 LOS CABOS DRIVE, DALLAS, TEXAS 75232.
Judgment entered April 29, 2013.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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