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Walker v. Cain

Court of Appeals of Texas, Fifth District, Dallas
Nov 30, 2009
No. 05-09-00401-CV (Tex. App. Nov. 30, 2009)

Opinion

No. 05-09-00401-CV

Opinion Filed November 30, 2009.

On Appeal from the 162nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 08-11981.

Before Justices MORRIS, O'NEILL, and FILLMORE.


MEMORANDUM OPINION


On October 5, 2009, this Court granted appellant an extension of time to file her brief and ordered her to file her brief by November 16, 2009. We told appellant that because her brief was already overdue and due to the length of the extension granted, no further extensions would be granted. We further warned appellant that if she failed to file her brief by the date specified, we would, without further notice, dismiss the appeal. See Tex. R. App. P. 38.8(a), 42.3(c). To date, appellant has not filed her brief. Accordingly, we dismiss the appeal.

Doctors Home Visits is named as a defendant in appellant's original petition and is listed in the caption of appellant's notice of appeal. None of three orders from which appellant brought her appeal disposes of any claims against Doctors Home Visits. Further, we note the trial judge "administratively closed" the case in the trial court due to appellant having filed a notice of appeal. Therefore, although it is listed in the caption of the notice of appeal, Doctors Home Visits is not a party to the appeal before us.


Summaries of

Walker v. Cain

Court of Appeals of Texas, Fifth District, Dallas
Nov 30, 2009
No. 05-09-00401-CV (Tex. App. Nov. 30, 2009)
Case details for

Walker v. Cain

Case Details

Full title:JANICE WALKER, Appellant v. DR. CHARLES R. CAIN, ROBERT J. SLACKNEY, NH…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 30, 2009

Citations

No. 05-09-00401-CV (Tex. App. Nov. 30, 2009)