Opinion
No. 05-12-00825-CV
06-12-2013
CARL BENSON, Appellant v. JP MORGAN CHASE BANK, N.A, Appellee
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-11135-F
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Lewis
Opinion by Chief Justice Wright
Before the Court is appellee JP Morgan Chase Bank, N.A.'s motion to dismiss the appeal for want of prosecution. Chase Bank asserts the appeal should be dismissed because appellant Carl Benson has failed to file an amended brief despite numerous extensions. Our records reflect that we have granted Benson three extensions over the last six months, and we last ordered him to file his brief no later than May 8, 2013. In that order, we cautioned Benson that failure to comply might result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). To date, Benson has neither filed his amended brief nor otherwise communicated with the Court regarding the appeal. Accordingly, we grant Chase Bank's motion, and dismiss the appeal. See id. 42.3(b).
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CAROLYN WRIGHT
CHIEF JUSTICE
JUDGMENT
CARL BENSON, Appellant
V. JP MORGAN CHASE BANK, N.A., Appellee No. 05-12-00825-CV
On Appeal from the 116th Judicial District
Court, Dallas County, Texas
Trial Court Cause No. DC-10-11135-F.
Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Lewis participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee JP Morgan Chase Bank, N.A. recover its costs, if any, of this appeal from appellant Carl Benson.
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CAROLYN WRIGHT
CHIEF JUSTICE