Mark Rose v. Economy & Development General Trading Company US, LLC ( 2021 )

DISMISS and Opinion Filed February 3, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00264-CV MARK ROSE, Appellant V. ECONOMY & DEVELOPMENT GENERAL TRADING COMPANY US, LLC, Appellee On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-20196 MEMORANDUM OPINION Before Justices Myers, Osborne, and Carlyle Opinion by Justice Osborne Appellant’s brief in this case is overdue. By order dated October 29, 2020, the Court informed appellant the court reporter notified the Court that no record was taken of the hearing held on February 13, 2020, and the appellate record was complete. We ordered appellant to file his brief by November 30, 2020. By postcard dated December 2, 2020, we notified appellant the time for filing his brief had expired. We directed appellant to file a brief and an extension motion within ten days. We cautioned appellant that failure to file a brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed a brief, filed an extension motion, nor otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c). /Leslie Osborne/ LESLIE OSBORNE JUSTICE 200264F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARK ROSE, Appellant On Appeal from the 101st Judicial District Court, Dallas County, Texas No. 05-20-00264-CV V. Trial Court Cause No. DC-19-20196. Opinion delivered by Justice ECONOMY & DEVELOPMENT Osborne. Justices Myers and Carlyle GENERAL TRADING COMPANY participating. US, LLC, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee ECONOMY & DEVELOPMENT GENERAL TRADING COMPANY US, LLC recover its costs of this appeal from appellant MARK ROSE. Judgment entered February 3, 2021. –3–