Opinion
No. 05-12-00601-CV
07-25-2012
TRACY D. BOUCHARD, Appellant v. CITIBANK (SOUTH DAKOTA), N.A., Appellee
DISMISS; Opinion issued July 25, 2012
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-09-16657-J
MEMORANDUM OPINION
Before Justices Morris, Moseley, and Myers
On February 21, 2012, appellant William Ross Teter filed a notice of appeal in this case from an order granting sanctions against him in favor of appellee Harold Harry Kretlow, who is the court- ordered mediator in Tracy D. Bouchard v. Citibank (South Dakota), N.A.. On June 27, 2012, we notified appellant that the time to file his brief had expired, and, if he did not file a brief and an extension motion within ten days, the appeal would be dismissed. On June 29, 2012, appellee filed his motion to dismiss and for award of attorney's fees. To date, appellant has not filed the brief and extension motion, responded to the motion to dismiss, or otherwise communicated with the Court regarding this appeal.
Accordingly, we GRANT appellee's motion in part and DISMISS this appeal. See Tex. R. App. P. 38.8(a)(1). We DENY appellee's motion to the extent it requests the release of appellant's supersedeas bond and an award of attorney's fees without prejudice to appellee seeking that relief from the trial court.
JOSEPH B. MORRIS
JUSTICE
120601F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
TRACY D. BOUCHARD, Appellant
V.
CITIBANK (SOUTH DAKOTA), N.A., Appellee
No. 05-12-00601-CV
Appeal from the 191st Judicial District Court of Dallas County, Texas. (Tr.Ct.No. DC-09- 16657-J).
Opinion delivered by Justice Morris, Justices Moseley and Myers participating.
Based on the Court's opinion of this date, this appeal is DISMISSED. We order that appellee Harold Harry Kretlow recover his costs of the appeal from appellant William Ross Teter.
Judgment entered July 25, 2012.
JOSEPH B. MORRIS
JUSTICE