Eric DiChiara v. Marc A. Sparks

CourtListener 9500271Txctapp5May 2, 2024

Full text

Dismissed and Opinion Filed May 2, 2024

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01073-CV

ERIC DICHIARA, Appellant
V.
MARC A. SPARKS, Appellee

On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-23-05353

MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
Opinion by Chief Justice Burns
Appellant’s brief in this case is overdue. After appellant failed to respond to

our inquiry regarding the reporter’s record, we ordered the appeal submitted without

a reporter’s record and for appellant’s brief to be filed by March 30, 2024. By

postcard dated April 2, 2024, we informed appellant his brief was overdue and

directed appellant to file a brief within ten days. We cautioned appellant that failure

to do so would result in the dismissal of this appeal without further notice. See TEX.

R. APP. P. 38.8(a)(1). To date, appellant has not filed a brief nor 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).

231073f.p05 /Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE

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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

ERIC DICHIARA, Appellant On Appeal from the 68th Judicial
District Court, Dallas County, Texas
No. 05-23-01073-CV V. Trial Court Cause No. DC-23-05353.
Opinion delivered by Chief Justice
MARC A. SPARKS, Appellee Burns. Justices Molberg and
Pedersen, III participating.

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

Judgment entered this 2nd day of May, 2024.

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