David Montgomery v. U. S. Bank National AssociationAppeal from County Court at Law No. 4 of Dallas County (memorandum opinion )

 Annotate this Case
Download PDF
DISMISS; and Opinion Filed December 5, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01662-CV DAVID MONTGOMERY, Appellant V. U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BS-ABS 2006-ST1, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-04679-D MEMORANDUM OPINION Before Justices O Neill, Myers, and Brown Opinion by Justice O Neill Before the Court is appellee s November 6, 2013 motion to dismiss the appeal for failure to prosecute. Appellant did not file a response to the motion to dismiss. By postcard notice dated August 30, 2013, the Court informed appellant that his brief was past due. The Court instructed appellant to file a brief with and extension motion within ten days and cautioned him that failure to do so would result in dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1). As of today s date, appellant has not filed a brief. Accordingly, we grant appellee s motion and dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1) & 42.3(b). 121662F.P05 /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAVID MONTGOMERY, Appellant No. 05-12-01662-CV On Appeal from the County Court at Law No. 4, Dallas County, Texas. Trial Court Cause No. CC-12-04679-D. Opinion delivered by Justice O Neill. Justices Myers and Brown, participating. V. U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BS-ABS 2006-ST1, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BS-ABS 2006-ST1, recover its costs of this appeal from appellant, DAVID MONTGOMERY. Judgment entered this 5th day of December, 2013. /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.