Opinion
No. 05-13-00499-CV
11-05-2013
CHERYL LYNN SMITH, Appellant v. FIFTH THIRD MORTGAGE COMPANY, Appellee
DISMISS, and Opinion Filed November 5, 2013.
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-13-00845-D
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Lewis
Opinion by Justice Fillmore
Before the Court is appellee's motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of prosecution. Appellant did not file a response to the motion. By postcard notice dated September 16, 2013, the Court informed appellant that her brief was past due. We instructed appellant to file a brief along with an extension motion within ten days and cautioned her that failure to do so would result in dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1).
As of today's date, appellant has not filed a brief. Accordingly, we grant appellee's motion and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1) & 42.3(b). 130499F.P05
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ROBERT M. FILLMORE
JUSTICE
JUDGMENT
CHERYL LYNN SMITH, Appellant
V.
FIFTH THIRD MORTGAGE COMPANY, Appellee
No. 05-13-00499-CV
On Appeal from the County Court at Law
No. 4, Dallas County, Texas.
Trial Court Cause No. CC-13-00845-D.
Opinion delivered by Justice Fillmore.
Justices Bridges and Lewis, participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, FIFTH THIRD MORTGAGE COMPANY, recover its costs of this appeal from appellant, CHERYL LYNN SMITH.
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ROBERT M. FILLMORE
JUSTICE