Yablon, Mark P. v. CitiBank South Dakota N.A.

__________ I)ISMISS; Opinion issued October 30, 2012

In The (rnurt Llf \1.4’Iab3 FifIIi Jitrirf uf rxwa ztt 1zt1ku

No. 05-12-00063-CV

MARK P. YABLON, Appellant

V.

CITIBANK (SOUTH DAKOTA), N.A., Appellee

On Appeal from the l93’ Judicial District Court

Collin County, Texas Trial Court Cause No. 199-00328-2011 MEMORANDUM OPINION

Before Chief Justice Wright and Justices Francis and Lang-Miers

Opinion By Chief Justice Wright Appellant’s brief is overdue. By order dated July 19. 2012, the Court granted appellant’s motion to extend time to file his brief. We ordered appellant to file his brief within twenty-five days of the date of the order. By letter dated August 24, 2012, we notified appellant the time to file his brief had expired, directed appellant to file his brief and an extension motion within ten days, and expressly cautioned appellant that failure to do so would result in dismissal oithe appeal. To date, appellant has not filedhis brief an extension motion, or otherwise corresponded with the Court regarding the status of his brief.

Accordingly, we dismiss this appeal. See TEX. R. AiP. P. 38.8(a)( I): 42.3(b)(c).

/ / /

CAROI,XN WJlGH’F CH11JUST(CE

/ / / l20063F.P05

(nurt øf Aipi.a1 Fift1i Diitrirt nf 1.cxwi at 1a1kis JUDGMENT

MARK P. YABLON, Appellant Appeal from the 199 th

Judicial District Court of Collin County. Texas. (Tr.Ct.No. 199-

No. 05-I 2-00063-CV V. 00328-2011).

Opinion delivered by Chief Justice Wright. ClTlBAiK (SOUTH DAKOTA) N.A.. Justices Francis and Lang-Miers Appellee participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee CitiBank (south Dakota) N.A. recover its costs of this appeal from appellant Mark P. Yablon.

Judgment entered October 30, 2012.

CAROLYN WRIGHT CHIEF JUSTICE