Roger and Edna Payne v. Gurley Place Apartments Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion by chief justice wright)

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Dismissed and Opinion Filed August 15, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01247-CV ROGER AND EDNA PAYNE, Appellants V. GURLEY PLACE APARTMENTS, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-15-04830-E MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Appellants’ brief in this case is overdue. By postcard dated May 17, 2016, 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 cautioned appellants that failure to file their brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellants have not filed their brief, an extension motion, or otherwise corresponded with the Court regarding the status of their brief. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c). / Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 151247F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROGER AND EDNA PAYNE, Appellants No. 05-15-01247-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-15-04830-E. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. GURLEY PLACE APARTMENTS, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee GURLEY PLACE APARTMENTS recover its costs of this appeal from appellants ROGER AND EDNA PAYNE. Judgment entered August 15, 2016. –3–

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