Erick C. Thomas v. Bank of America, N.A. Appeal from 14th Judicial District Court of Dallas County (memorandum opinion )
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Dismiss and Opinion Filed April 29, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01288-CV ERICK C. THOMAS, Appellant V. BANK OF AMERICA, N.A., Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-00128 MEMORANDUM OPINION Before Justices Myers, Stoddart, and Whitehill Opinion by Justice Myers The filing fee, docketing statement, and appellant’s brief in this case are past due. By postcard dated October 22, 2015, we notified appellant the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated October 22, 2015, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We expressly cautioned appellant that failure to do so might result in dismissal of the appeal. Additionally, appellant’s brief in this case is overdue. By postcard dated February 10, 2016, we notified appellant the time for filing his brief had expired. We directed appellant to file both his brief and an extension motion within ten days. We expressly cautioned appellant that failure to file a brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, filed the docketing statement, filed his brief, requested an additional extension of time to file his brief, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5; 38.8(a)(1); 42.3(b),(c). /Lana Myers/ LANA MYERS JUSTICE 151288F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERICK C. THOMAS, Appellant No. 05-15-01288-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-00128. Opinion delivered by Justice Myers. Justices Stoddart and Whitehill participating. V. BANK OF AMERICA, N.A., Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Bank of America, N.A. recover its costs, if any, of this appeal from appellant Erick C. Thomas. Judgment entered this 29th day of April, 2016. –3–
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