Adams, Tenna R. v. Wells Fargo Bank, N.A.

DISMISS; Opinion filed December 6, 2012

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No. 05-12-00482-CV

TENNA R. ADAMS AND ALL OTHER OCCUPANTS OF

7318 ELDERBERRY LANE, l)ALLAS, TEXAS 75239, Appellants

V. WELLS FARGO BANK, N.A., Appcllee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-l1-08457-C MEMORANDUM OPINION

Before Justices Moseley. Francis, and Lang

Opinion By Justice Francis

Before the Court is appellee’s November 14, 2012 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for failure to prosecute. By letter dated October 15, 2012. the Court informed appellants that their brief was past due. The Court instructed appellants to file their brief with an extension motion within ten days and that failure to do so 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. See TEx. R. App. P. 38.8(a)(l) & 42.3(b) & (C). I

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JUDGMENT

TENNA R. ADAMS ANI) ALL OTHER Appeal from the County Court at Law No. 3 OCCUPANTS OF 7318 ELDERBERRY of Dallas County, Texas. (TrCt.No. CC-Il- LANE, DALLAS, TEXAS 75249, Appellants 08457-C).

Opinion delivered by Justice Francis. Justices No. 05-l2-00482-CV V. Moseley and Lang, participating. WELLS FARGo BANK, N.A., Appellee

Based on the Court’s opinion of this date. the appeal is DISMISSED.

It is ORI)EREI) that appellee. Wells Fargo Bank, N.A., recover its costs of the appeal from appellants, Tenna R. Adams and All Other Occupants of 7318 Elderberry Lane, Dallas, Texas 75249. Judgment entered December 6. 2012.

•\ I i i it ]JL ‘L’’ MOLLY FR NCIS

JUSTICE