Dismissal and Opinion Filed July 3, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00719-CV JOSEPH E. HILLIS, Appellant V. U.S. BANK, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-01409-D MEMORANDUM OPINION Before Chief Justice Wright and Justices FitzGerald and Justice Lewis Opinion by Justice FitzGerald Appellant’s brief in this case is overdue. By postcard dated November 21, 2012, we notified appellant the time for filing his brief had expired. We directed appellant to file both his brief and an extension motion within ten days. We cautioned appellant that failure to file his brief and an extension motion would result in the dismissal of this appeal without further notice.

To date, appellant has not filed his brief, an extension motion, or otherwise corresponded with the Court regarding the status of his brief.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c).

/Kerry P. FitzGerald/ 120719F.P05 KERRY P. FITZGERALD JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSEPH E. HILLIS, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-12-00719-CV V. Trial Court Cause No. CC-12-01409-D.

Opinion delivered by Justice FitzGerald.

U.S. BANK, Appellee Chief Justice Wright and Justice Lewis participating.

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

It is ORDERED that appellee U.S. BANK recover its costs of this appeal from appellant JOSEPH E. HILLIS.

Judgment entered July 3, 2013

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

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