Kelvin Smith and Angelia Smith v. Conn Appliances, Inc. d/b/a Conn's Appeal from 134th Judicial District Court of Dallas County (memorandum opinion )

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Dismiss; and Opinion Filed February 17, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00566-CV KELVIN SMITH AND ANGELIA SMITH, Appellants V. CONN APPLIANCES, INC. D/B/A CONN'S, Appellee On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-14173 MEMORANDUM OPINION Before Justices Fillmore, Myers, and Whitehill Opinion by Justice Myers Appellants’ brief in this case is overdue. By postcard dated October 30, 2015, we notified appellants the time for filing their brief had expired. We directed appellants to file both their brief and an extension motion within ten days. We expressly cautioned appellants that failure to file a brief and an extension motion would result in the dismissal of this appeal without further notice. By order dated October 30, 2015, we granted appellants’ October 16, 2015 motion to extend time to file their brief and ordered appellants’ brief filed by November 30, 2015. To date, appellants have not filed their brief or 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). /Lana Myers/ LANA MYERS JUSTICE 150566F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT KELVIN SMITH AND ANGELIA SMITH, Appellants No. 05-15-00566-CV On Appeal from the 134th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-14-14173. Opinion delivered by Justice Myers. Justices Fillmore and Whitehill participating. V. CONN APPLIANCES, INC. D/B/A CONN'S, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Conn Appliances, Inc. d/b/a Conn's recover its costs, if any, of this appeal from appellants Kelvin Smith and Angelia Smith. Judgment entered this 17th day of February, 2016. –3–

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