Richard McKinney v. Del-Jen, Inc et alAppeal from 14th Judicial District Court of Dallas County (memorandum opinion )

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DISMISS; and Opinion Filed February 18, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00838-CV RICHARD MCKINNEY, Appellant V. DEL-JEN, INC., NORTH TEXAS JOB CORPS CENTER, MARIA T. MARTIN, AND LANA KITE, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-04888 MEMORANDUM OPINION Before Justices Bridges, O Neill, and Brown Opinion by Justice Brown Before the Court is appellees motion to dismiss the appeal. Appellees contend the appeal should be dismissed for want of prosecution. Appellant did not file a response to appellees motion. In a letter dated July 3, 2013, the Court informed appellant that his brief was deficient and instructed him to file an amended brief correcting the deficiencies within thirty days. The Court cautioned appellant that failure to file an amended brief within the time requested may result in dismissal of the appeal without further notice. As of today s date, appellant has not filed an amended brief. Appellant did not file a response to the motion to dismiss. Accordingly, we grant appellee s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(b). /Ada Brown/ ADA BROWN JUSTICE 130838F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT RICHARD MCKINNEY, Appellant No. 05-13-00838-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas. Trial Court Cause No. DC-12-04888. Opinion delivered by Justice Brown. Justices Bridges and O Neill, participating. V. DEL-JEN, INC., NORTH TEXAS JOB CORPS CENTER, MARIA T. MARTIN, AND LANA KITE, Appellees In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees, DEL-JEN, INC., NORTH TEXAS JOB CORPS CENTER, MARIA T. MARTIN, AND LANA KITE, recover their costs of this appeal from appellant, RICHARD MCKINNEY. Judgment entered this 18th day of February, 2014. /Ada Brown/ ADA BROWN JUSTICE 3

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