Opinion
No. 05-12-01056-CV
01-08-2013
MILAD NASRALLAH, SR. AND DOWDY FERRY AUTO SERVICES, INC., Appellants v. JIM FOSTER, Appellee
DISMISS; Opinion filed January 8, 2013
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-09-16681
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Lang-Miers
Opinion By Chief Justice Wright
Before the Court is appellee's December 7, 2012 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for failure to prosecute. By letter dated October 5, 2012, the Court informed appellants that their brief was past due. We instructed appellants to file their brief with an extension motion within ten days. The Court cautioned appellants that failure to file their brief within the time requested would result in dismissal of their appeal. See TEX. R. APP. P. 38.8(a)(1).
As of today's date, appellants have not filed a brief. Accordingly, we grant appellee's motion and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.2(b) & (c).
________________________
CAROLYN WRIGHT
CHIEF JUSTICE
MILAD NASRALLAH, SR. AND DOWDY FERRY AUTO SERVICES, INC., Appellants
V. JIM FOSTER, Appellee No. 05-12-01056-CV
Appeal from the 298th Judicial District Court
of Dallas County, Texas. (Tr.Ct.No. DC-09-
16681).
Opinion delivered by Chief Justice Wright,
Justices Francis and Lang-Miers,
participating.
Based on the Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, Jim Foster, recover his costs of the appeal from appellants, Milad Nasrallah, Sr. and Dowdy Ferry Auto Services, Inc. Judgment entered January 8, 2013.
________________________
CAROLYN WRIGHT
CHIEF JUSTICE