1)ISMISSEI) and Opinion Filed January 1$, 2013.

In The Qtnurt üí Appiats Fiftli 1itrirt nf &it Ua1I No. 05-12-00710-C V DESTANY ATTAWAY, Appellant V. JACOLBY CLARK, Appellee On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-12-06356 OPINION Before Justices FitzGerald. Fillmore and Evans Opinion by Justice FitzGerald Appellant’s brief is overdue. By letter dated October 5. 2012, we notified appellant the time for filing her brief had expired. We directed appellant to file her brief and an extension motion within ten days. We cautioned appellant that failure to do SO would result in the dismissal of this appeal. To date, appellant has not Illed her brief, an extension motion, or otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See TEX. R. App. p. 38.8 (A)(1): 42.3(b),(c).

- 4ERR)11tZGERALD J UST)E / 1207 1OF.P05 (!oitrt tif pa1 Fift1i ii;1rirt Lu iixa it Ja11ui JUDGMENT Destany Attaway. Appellant On Appeal from the 256th Judicial District Court. Dallas County, Texas No. 05-I 2-007 l0-CV Trial Court Cause No. DF- 1 2-06356.

Opinion delivered by Justice Fitz(ierald.

Jacolby Clark. Appellee Justices Fillmore and Evans participating.

In accordance with this Court’s Opinion of this date, this appeal is DISMISSEI).

Ii is ORDEREI) that appellee Jacolby Clark recover his costs of this appeal from appellant Destany Attaway.

Judgment entered this 1 S” day of January, 2013.

— KERRY P. Fli7Gl.R.\Ll II ,S I l( •I