DISMISS; and Opinion Filed April 19, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01672-CV WILLIAM BALDWIN, Appellant V. THE COLONY ASSETS DEVELOPMENT, L.L.C., Appellee On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-00877 MEMORANDUM OPINION Before Justices Moseley, O’Neill, and Lewis Opinion by Justice O’Neill By postcard notice dated January 17, 2013, the Court informed appellant that his brief was past due. We instructed appellant to file a brief along with an extension motion within ten days and cautioned him that failure to do so would result in dismissal of the appeal. As of today’s date, appellant has not filed a brief. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1) & 42.3(c).

/Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE 111672F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT WILLIAM BALDWIN, Appellant On Appeal from the 134th Judicial District Court, Dallas County, Texas No. 05-11-01672-CV V. Trial Court Cause No. DC-09-00877.

Opinion delivered by Justice O’Neill.

THE COLONY ASSETS DEVELOPMENT, Justices Moseley and Lewis participating.

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

It is ORDERED that appellee, THE COLONY ASSETS DEVELOPMENT, L.L.C., recover its costs of this appeal from appellant, WILLIAM BALDWIN.

Judgment entered this 19th day of April, 2013.

/Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE

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