Dismiss and Opinion Filed January 21, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00550-CV
MARCUS DON MOSELEY, Appellant
V.
PHYLLIS NOBLES MOSELEY, Appellee
On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-19-22893
MEMORANDUM OPINION
Before Justices Reichek, Nowell, and Carlyle
Opinion by Justice Nowell
Appellant filed his brief in this appeal on October 7, 2021. The brief did not
comply with rule 38.1 of the Texas Rules of Civil Procedure. Among other things,
appellant’s three-page brief did not contain citations to the record, did not contain
citations to authority, and did not contain any legal argument specifying how the
trial court erred and why this Court should reverse the trial court’s judgment. We
notified appellant by letter that his brief was deficient and directed him to file an
amended brief that complied with rule 38.1 within ten days. We cautioned appellant
that failure to do so might result in the dismissal of this appeal without further notice.
To date appellant has failed to do so.
Appellee has now filed a motion to dismiss the appeal, relying in part, on
appellant’s failure to file a brief compliant with rule 38.1. We grant appellee’s
motion and dismiss this appeal. See TEX. R. APP. P. 38.1; 38.8; 42.3 (b)(c).
210550f.p05 /Erin A. Nowell//
ERIN A. NOWELL
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS DON MOSELEY, On Appeal from the 303rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DF-19-22893.
No. 05-21-00550-CV V. Opinion delivered by Justice Nowell.
Justices Reichek and Carlyle
PHYLLIS NOBLES MOSELEY, participating.
Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee PHYLLIS NOBLES MOSELEY recover her
costs of this appeal from appellant MARCUS DON MOSELEY.
Judgment entered this 21st day of January, 2022.
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