Dismissed and Opinion Filed February 10, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01467-CV
EDWARD CERVANTES, Appellant
V.
CHEUNG-LOON, LLC, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-9267-G
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Before the Court is appellee, Cheung-Loon, LLC’s January 27, 2015, motion to dismiss
the appeal. Appellee contends the appeal should be dismissed for want of jurisdiction.
Specifically, appellee contends appellant has failed to file his brief.
This appeal originated when appellants, Edward Cervantes and Cergon, Inc. both
appealed a trial court judgment in favor of appellee. By order entered July 17, 2014, we granted
appellants’ counsel’s motion to withdraw. In that order we cautioned Cergon, Inc. that it could
only appear in this Court through an attorney and, unless it notified us by August 18, 2014 of
new counsel, its appeal would be dismissed. Cergon failed to retain new counsel and its appeal
was dismissed on September 9, 2014. In the order dismissing Cergon’s appeal, we reiterated that
Cervantes’ brief was due September 19, 2014.
By order entered September 30, 2014, we cautioned Cervantes that failure to comply with
this Court’s order to file his brief could result in dismissal of the appeal without further notice.
See TEX. R. APP. P. 38.8(a)(1); 42.3(c). In that same order, we again ordered Cervantes to file his
brief along with an extension motion explaining the reason for the delay in filing the brief no
later than October 13, 2014. See TEX. R. APP. P. 10.5(b), 38.8(a)(1). To date, Cervantes has not
filed the brief or otherwise communicated with the Court. Accordingly, we grant appellee’s
motion and dismiss the appeal. See id. 38.8(a)(1); 42.3(c).
131467F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EDWARD CERVANTES, Appellant On Appeal from the 134th Judicial District
Court, Dallas County, Texas
No. 05-13-01467-CV V. Trial Court Cause No. 08-9267-G.
Opinion delivered by Chief Justice Wright.
CHEUNG-LOON, LLC, Appellee Justices Lang-Miers and Stoddart
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want
of jurisdiction.
Judgment entered this 10th day of February, 2015.
–3–