Warren R. Westberg v. Paul Mason, Individually and PML Mason Contractors, Inc., d/b/a Mason Roofing Appeal from 417th Judicial District Court of Collin County (memorandum opinion)
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Dismiss and Opinion Filed November 6, 2020 In the Court of Appeals Fifth District of Texas at Dallas No. 05-20-00477-CV WARREN R. WESTBERG, Appellant V. PAUL MASON, INDIVIDUALLY AND PML MASON CONTRACTORS, INC., D/B/A MASON ROOFING, Appellees On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-03685-2017 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Carlyle Appellant’s brief in this case is overdue. After granting appellant’s first motion for extension of time, we extended the time to file his brief until August 31, 2020. We notified appellant by postcard dated September 2, 2020, that the time for filing his brief had expired. By order dated September 16, 2020, we granted appellant’s second motion for extension of time to file his brief, and ordered him to file his brief by September 21, 2020. On September 30, 2020, we again extended the time to file appellant’s brief until October 12, 2020. At that time, we cautioned appellant that failure to file his brief by October 12 might result in the dismissal of this appeal without further notice. To date, appellant has not filed a brief, filed a further 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). /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 200447F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT WARREN R. WESTBERG, Appellant No. 05-20-00477-CV On Appeal from the 417th Judicial District Court, Collin County, Texas Trial Court Cause No. 417-036852017. Opinion delivered by Justice Carlyle. Justices Molberg and Browning participating. V. PAUL MASON, INDIVIDUALLY AND PML MASON CONTRACTORS, INC., D/B/A MASON ROOFING, Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellees PAUL MASON, INDIVIDUALLY AND PML MASON CONTRACTORS, INC., D/B/A MASON ROOFING recover their costs of this appeal from appellant WARREN R. WESTBERG. Judgment entered this 6th day of November, 2020. –3–
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