Opinion
No. 05-17-00851-CV
01-19-2018
FRANK A. RICHARDS, Appellant v. TOM'S AUTO TRANSPORT, INC., Appellee
On Appeal from the 192nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-06468
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Lang-Miers
This is an appeal from the trial court's June 20, 2017 final judgment. The reporter's record in this appeal was due on August 19, 2017. On August 22, 2017, after the court reporter informed us appellant had not requested the reporter's record, we directed appellant to provide, within ten days, written verification he had requested the reporter's record and either paid the reporter's fee or was entitled to proceed without payment of costs. Appellant did not comply.
On October 24, 2017, we ordered the appeal submitted without the reporter's record and ordered appellant to file his brief no later than November 22, 2017. See TEX. R. APP. P. 38.8(a)(1). The brief was not filed, and appellant was directed to file the brief by December 8, 2017 or risk dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1). Despite being cautioned the appeal could be dismissed, appellant has yet to file his brief. Accordingly, we dismiss the appeal. See id., 42.3(b),(c).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE 170851F.P05
JUDGMENT
On Appeal from the 192nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-15-06468.
Opinion delivered by Justice Lang-Miers. Justices Fillmore and Stoddart participating.
In accordance with this Court's opinion of this date, we DISMISS this appeal.
It is ORDERED that appellee Tom's Auto Transport, Inc. recover its costs of this appeal from appellant Frank A. Richards. Judgment entered this 19th day of January, 2018.