Leasha Hardin v. Treymore Eastfield ( 2014 )

DISMISS and Opinion Filed April 22, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00112-CV
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/
CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LEASHA HARDIN, Appellant On Appeal from the County Court at Law
No. 1, Dallas County, Texas.
No. 05-14-00112-CV V. Trial Court Cause No. CC-13-07031-A.
Opinion delivered by Chief Justice Wright.
TREYMORE EASTFIELD, Appellee 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.
Judgment entered April 22, 2014
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–3–