Aguinaga, Gabriel v. Wells Fargo BankAppeal from County Court at Law No. 2 of Dallas County (memorandum opinion by chief justice wright)

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DISMISS; Opinion issued April 29, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01326-CV GABRIEL AGUINAGA, SAN JUANA GONZALEZ-AGUINAGA, AND ALL OTHER OCCUPANTS OF 233 LOS CABOS DRIVE, DALLAS, TEXAS 75232, Appellants V. WELLS FARGO BANK, NA, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-12-04400-B MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright Before the Court is appellee s April 4, 2013 second motion to dismiss the appeal. Appellee contends the appeal should be dismissed for failure to prosecute. By order dated February 8, 2013, the Court ordered appellants to file their brief by March 8, 2013 and cautioned appellants that failure to do so will result in dismissal of their appeal. As of today s date, appellants have not filed a brief. Accordingly, we grant appellee s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(b) & (c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 121326F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GABRIEL AGUINAGA, SAN JUANA GONZALEZ-AGUINAGA, AND ALL OTHER OCCUPANTS OF 233 LOS CABOS DRIVE, DALLAS, TEXAS 75232, Appellants No. 05-12-01326-CV On Appeal from the County Court at Law No. 2, Dallas County, Texas Trial Court Cause No. CC-12-04400-B. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Lewis participating. V. WELLS FARGO BANK, NA, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, WELLS FARGO BANK, NA, recover its costs of this appeal from appellants, GABRIEL AGUINAGA, SAN JUANA GONZALEZ-AGUINAGA, AND ALL OTHER OCCUPANTS OF 233 LOS CABOS DRIVE, DALLAS, TEXAS 75232. Judgment entered April 29, 2013. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 2

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