Dismissed and Opinion Filed October 10, 2016
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00027-CV
ANDRES MEJIA, Appellant
V.
KIM TRONG TRAN, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-15-05152-C
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Before the Court is appellee’s September 19, 2016 motion to dismiss. A review of this
appeal shows that, by letter dated June 3, 2016, we notified appellant that the reporter’s record
had not been filed because appellant had not paid or made arrangements to pay for the reporter’s
record or provided written documentation he had been found entitled to proceed without
payment of costs. We cautioned appellant that if the Court did not receive the required
documentation within the time specified, the Court would order the appeal submitted without the
reporter’s record.
When appellant did not respond or provide the requested documentation, we ordered this
appeal to be submitted without the reporter’s record. We ordered his brief to be filed no later
than August 28, 2016. Appellant did not do so. On August 30, 2016, we directed appellant to file
his brief and an extension motion within ten days. To date, appellant has not filed his brief or
communicated with the Court.
On September 19, 2016, appellee filed her motion to dismiss and certified she forwarded
a copy of her motion to appellant. More than ten days have passed since appellee filed her
motion, and appellant has not responded. Accordingly, we grant appellee’s motion. See TEX. R.
APP. P. 38.8(a)(1), 42.3(b), (c).
We dismiss the appeal.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
160027F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ANDRES MEJIA, Appellant On Appeal from the County Court at Law
No. 3, Dallas County, Texas
No. 05-16-00027-CV V. Trial Court Cause No. CC-15-05152-C.
Opinion delivered by Chief Justice Wright,
KIM TRONG TRAN, Appellee Justices Lang-Miers and Stoddart
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee KIM TRONG TRAN recover her costs of this appeal, if
any, from appellant ANDRES MEJIA.
Judgment entered October 10, 2016.
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