CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
Court of Appeals
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS
DAVID EVANS
DAVID LEWIS Fifth District of Texas at Dallas FACSIMILE
(214) 745-1083
ADA BROWN
600 COMMERCE STREET, SUITE 200
CRAIG STODDART INTERNET
BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
DAVID J. SCHENCK (214) 712-3400
October 5, 2015
Mr. Alfred Hendricks, Sr.
P.O. Box 150676
Dallas, Texas 75315
RE: Court of Appeals Number: 05-15-00521-CV
Trial Court Case Number: TX-13-30828
Style: Alfred Hendricks Sr.
v.
Dallas County, et al.
Dear Mr. Hendricks:
The Court is in receipt of Appellant’s Motion to Dismiss Appeal dated September 25,
2015. After reviewing Appellant’s Motion, the Court has questions. Specifically, the appeal
requests dismissal because, “Appellant is unable to carry the burden of this case as it is affecting
his poor health and slower recovery He wishes to come to an agreement to compromise and
settle differences in the suit … .” Moreover, the Motion further requests that this Court, “[S]et
aside the trial court’s judgment without regard to the merits and remand the case to the trial court
for rendition of judgment in accordance with the both parties agreement Tex. R. App. P.
42.1(a)(2)(B) or reversal and rendition of judgment, reversal and modification of the trial courts
judgment and / reversal and remand for further proceedings (new trial).”
Under appellate rule 42.1(a)(2)(B) the Court may, (1) dismiss the appeal on motion of
Appellant or (2) upon agreement signed by the parties or their attorneys and filed with the clerk.
The Court cannot do both.
So that this Court can properly dispose of this appeal, you are directed to file, no later
than OCTOBER 15, 2015, an amended motion that complies with the rules. Unless an amended
motion that complies with the rules is filed, the Court will construe your motion as one in
accordance with rule 42.1(a) and will dismiss the appeal.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
ltr/kfa
cc: Ms. Bridget Moreno Lopez
2
Alfred Hendricks Sr. v. Dallas County
Combined Opinion