Rose Johnson v. Dallas County

DISMISS; and Opinion Filed June 28, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01371-CV ROSE JOHNSON, Appellant V. DALLAS COUNTY, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. TX-16-00982 MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Fillmore Appellant’s brief in this case is overdue.1 By postcard dated May 7, 2018, we notified appellant the time for filing her brief had expired. We directed appellant to file a brief and an extension motion within ten days. We cautioned appellant that failure to file a brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed a brief, filed an extension motion, or otherwise corresponded with the Court regarding the status of this appeal. 1 Appellant filed a docketing statement on December 8, 2017 indicating she had not requested a reporter’s record. By letter dated March 29, 2018, the court reporter verified appellant had not requested a reporter’s record. Therefore, the deadline for filing appellant’s brief was thirty days after the clerk’s record was filed. See TEX. R. APP. P. 38.6. Accordingly, we dismiss this appeal. TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c). /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 171371F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROSE JOHNSON, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-17-01371-CV V. Trial Court Cause No. TX-16-00982. Opinion delivered by Justice Fillmore. DALLAS COUNTY, Appellee Justices Francis and Whitehill participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee DALLAS COUNTY recover its costs of this appeal from appellant ROSE JOHNSON. Judgment entered this 28th day of June, 2018. –3–