Carl Benson v. Bank of America, National Association, et al. Appeal from County Court at Law No. 4 of Dallas County (memorandum opinion )
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DISMISS and Opinion Filed September 5, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00124-CV CARL BENSON, Appellant V. BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CERTIFICATEHOLDERS OF EMC MORTGAGE LOAN TRUST 2004-B, MORTGAGE LOAN PASS THROUGH CERTIFICATES, SERIES 2004-B, ITS SUCCESSORS AND ASSIGNS, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-14-00086-D MEMORANDUM OPINION Before Justices Lang, Myers, and Brown Opinion by Justice Lang Before the Court is appellee s motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of prosecution. After being informed by this Court that his brief was past due, appellant filed a document entitled Brief of Events for Review on June 13, 2014. This document was deficient because it failed to contain (1) a concise statement of facts supported by record references, (2) citations to authorities, (3) citations to the record, and (4) an appendix. See TEX. R. APP. P. 38.1(g), (i), & (k). Accordingly, on June 13, 2014, the Court sent appellant a defective brief notice giving him ten days to file an amended brief correcting the deficiencies. We cautioned appellant that failure to file an amended brief that complies with the rules of appellate procedure within ten days may result in dismissal of his appeal without further notice. See TEX. R. APP. P. 38.8(a)(1) & 42.3(b) & (c). On June 20, 2014, appellant filed a document entitled A Public Declaration and Notice of Immediate Withdraw of Consent. This document is addressed to federal judges, not this Court, and does not constitute an amended brief complying with rule of appellate procedure 38.1. On August 14, 2014, appellant filed a document entitled Plaintiffs Motion for Summary Judgment on Damages, Penalties, Attorney s Fees, Costs and Expenses Ex Parte Canon Law, True Bill Order, Bill of Cost. Like the previous document, this document is also addressed to federal judges and does not constitute a compliant appellate brief. Appellant has failed to file an amended brief as instructed from this Court. Accordingly, we grant appellee s motion and dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b) & (c). /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 140124F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CARL BENSON, Appellant No. 05-14-00124-CV On Appeal from the County Court at Law No. 4, Dallas County, Texas. Trial Court Cause No. CC-14-00086-D. Opinion delivered by Justice Lang. Justices Myers and Brown, participating. V. BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CERTIFICATEHOLDERS OF EMC MORTGAGE LOAN TRUST 2004-B, MORTGAGE LOAN PASS THROUGH CERTIFICATES, SERIES 2004-B, IT SUCCESSORS AND ASSIGNS, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CERTIFICATEHOLDERS OF EMC MORTGAGE LOAN TRUST 2004-B, MORTGAGE LOAN PASS THROUGH CERTIFICATES, SERIES 2004-B, IT SUCCESSORS AND ASSIGNS recover its costs of this appeal from appellant CARL BENSON. Judgment entered this 5th day of September, 2014. 3
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