Opinion
05-22-00122-CV
05-11-2022
BLAS HERRERA AND SUSANNE HERRERA AND DOUGLAS BANKSTON AND JUDITH BANKSTON, JASON BROWN AND SHERYL BROWN, AND ELLEN GARDNER, Appellants v. THE CITY OF ROWLETT, TEXAS, Appellee
On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-21-10894
Before Chief Justice Burns, Justice Goldstein, and Justice Smith, J.
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE.
After appellants failed to timely file their brief, we directed appellants by postcard dated April 4, 2022 to file their brief within ten days and cautioned them that failure to do so would result in the dismissal of this appeal without further notice. See Tex. R. App. P. 38.8(a)(1). To date, appellants have not filed their brief.
Because appellee filed a brief, the clerk's office telephoned appellants' counsel regarding their failure to file a brief. Appellants' attorney indicated that he assumed we would dismiss the case and that he did not intend to file a brief or a motion to dismiss.
Accordingly, we dismiss this appeal. See Tex. R. App. P. 38.3(a)(1); 42.3(b), (c).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee THE CITY OF ROWLETT, TEXAS recover its costs of this appeal from appellants BLAS HERRERA AND SUSANNE HERRERA AND DOUGLAS BANKSTON AND JUDITH BANKSTON, JASON BROWN AND SHERYL BROWN, AND ELLEN GARDNER.