Austin Lee Tyner v. Kerstyn Collen Riley Appeal from 292nd Judicial District Court of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed January 30, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01029-CV AUSTIN LEETYNER, Appellant V. KERSTYN COLLEN RILEY, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. CV17-00359-V MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Appellant’s brief in this case is overdue. On December 1, 2017, we granted appellant’s request to extend time to file his brief and ordered appellant’s brief to be filed by December 31, 2017. By postcard dated January 3, 2018, we notified appellant the time for filing his brief had expired. We directed appellant to file a brief and an extension motion within ten days. We 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 filed a brief, filed a second extension motion, 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). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 171029F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AUSTIN LEETYNER, Appellant No. 05-17-01029-CV On Appeal from the 292nd Judicial District Court, Dallas County, Texas Trial Court Cause No. CV17-00359-V. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. KERSTYN COLLEN RILEY, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee KERSTYN COLLEN RILEY recover her costs of this appeal from appellant AUSTIN LEETYNER. Judgment entered January 30, 2018. –3–

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