Erin Fennessy v. Houston Dayton Appeal from 256th Judicial District Court of Dallas County (memorandum opinion)

Annotate this Case
Download PDF
DISMISS; and Opinion Filed November 27, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01428-CV ERIN FENNESSY, Appellant V. HOUSTON DAYTON, Appellee On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-15-00635 MEMORANDUM OPINION Before Justices Lang, Evans, and Boatright Opinion by Justice Boatright Appellant’s brief in this case is overdue. An appellate court may dismiss an appeal on its own initiative if, after giving ten days’ notice to all parties, the appellant fails to comply with a notice from the clerk requiring certain action within a specified time. TEX. R. APP. P. 42.3(c). By postcard dated June 6, 2018, we notified appellant that the time for filing her brief had expired. We directed appellant to file a brief and an extension 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. Appellant failed to file a brief and an extension of time. Accordingly, we dismiss this appeal. /Jason Boatright/ JASON BOATRIGHT JUSTICE 171428F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIN FENNESSY, Appellant No. 05-17-01428-CV On Appeal from the 256th Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-15-00635. Opinion delivered by Justice Boatright. Justices Lang and Evans participating. V. HOUSTON DAYTON, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 27th day of November, 2018. –3–