DISMISS; and Opinion Filed October 29, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01101-CV MICHAEL HILL, Appellant V. SHERMCO INDUSTRIES, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-04535 MEMORANDUM OPINION Before Justices Moseley, Lang, and Brown Opinion by Justice Brown In an order dated September 13, 2013, the Court struck appellant’s brief as deficient and instructed him to file an amended brief within thirty days of the date of the order. We cautioned appellant that failure to file an amended brief within the time requested would result in dismissal of his appeal without further notice.

As of today’s date, appellant has not filed an amended brief. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1) & 42.3(c).

/Ada Brown/ ADA BROWN 121101F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MICHAEL HILL, Appellant On Appeal from the 162nd Judicial District Court, Dallas County, Texas.

No. 05-12-01101-CV V. Trial Court Cause No. DC-10-04535.

Opinion delivered by Justice Brown.

SHERMCO INDUSTRIES, Appellee Justices Moseley and Lang, participating.

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

It is ORDERED that appellee, SHERMCO INDUSTRIES, recover its costs of this appeal from appellant, MICHAEL HILL.

Judgment entered this 29th day of October, 2013.

/Ada Brown/ ADA BROWN JUSTICE

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