Opinion
No. 05-14-00112-CV
04-22-2014
LEASHA HARDIN, Appellant v. TREYMORE EASTFIELD, Appellee
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-13-07031-A
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Brown
Opinion by Chief Justice Wright
Before the Court is appellee's motion to dismiss the appeal. Appellee contends this appeal from a forcible detainer action should be dismissed because he is now in possession of the property. We note that the trial court awarded appellee unpaid rent and attorney's fees in addition to possession of the property. Issues on appeal not dependent on the trial court's possession determination are reviewable on appeal. See Rice v. Pinney, 51 S.W.3d 705, 707-08 (Tex. App.—Dallas 2001, no pet.).
Nevertheless, in a postcard notice dated April 10, 2014, the Court notified appellant that her brief was past due. We instructed appellant to file, within ten days, her brief along with an extension motion. We cautioned appellant that failure to file a brief and an extension motion within the time requested will result in dismissal of her appeal without further notice. As of today's date, appellant has not filed a brief. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1). We deny as moot appellee's motion to dismiss the appeal. 140112F.P05
_________________
CAROLYN WRIGHT
CHIEF JUSTICE
JUDGMENT
LEASHA HARDIN, Appellant
V. TREYMORE EASTFIELD, Appellee No. 05-14-00112-CV
On Appeal from the County Court at Law
No. 1, Dallas County, Texas.
Trial Court Cause No. CC-13-07031-A.
Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Brown,
participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, TREYMORE EASTFIELD, recover his costs of this appeal from appellant, LEASHA HARDIN.
_________________
CAROLYN WRIGHT
CHIEF JUSTICE