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Mercadante v. ZLH LC

Court of Appeals Fifth District of Texas at Dallas
Nov 19, 2014
No. 05-14-00370-CV (Tex. App. Nov. 19, 2014)

Opinion

No. 05-14-00370-CV

11-19-2014

GENA MARCELLA MERCADANTE AND KENNETH JOHN MERCADANTE, Appellants v. ZLH LC, INC. F/K/A ZALE LIPSHY UNIVERSITY HOSPITAL, INC., Appellee


On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-10-15882-D

MEMORANDUM OPINION

Before Justices FitzGerald, Lang, and Brown
Opinion by Justice Brown

Before the Court is appellee's motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of prosecution because appellants have failed to file a brief.

Appellant's brief was originally due on June 7, 2014. The Court granted numerous extensions totaling an additional 108 days to file their brief. When appellants failed to file their brief by October 21, 2014, the Court sent appellants a past-due notice instructing appellants to file their brief and an extension motion within ten days and cautioning them that failure to do so will result in dismissal of the appeal. Nevertheless, rather than filing a brief, appellants have again sought another extension of time. We deny appellants' extension motion.

We grant appellee's motion and dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1) & 42.3(b), (c).

/Ada Brown/

ADA BROWN

JUSTICE
140370F.P05

JUDGMENT

On Appeal from the 95th Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DC-10-15882.
Opinion delivered by Justice Brown.
Justices FitzGerald and Lang, participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee ZLH LC, INC. F/K/A ZALE LIPSHY UNIVERSITY HOSPITAL, INC. recover its costs of this appeal from appellants GENA MARCELLA MERCADANTE AND KENNETH JOHN MERCADANTE.


Summaries of

Mercadante v. ZLH LC

Court of Appeals Fifth District of Texas at Dallas
Nov 19, 2014
No. 05-14-00370-CV (Tex. App. Nov. 19, 2014)
Case details for

Mercadante v. ZLH LC

Case Details

Full title:GENA MARCELLA MERCADANTE AND KENNETH JOHN MERCADANTE, Appellants v. ZLH…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 19, 2014

Citations

No. 05-14-00370-CV (Tex. App. Nov. 19, 2014)