DISMISS; and Opinion Filed November 19, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00370-CV GENA MARCELLA MERCADANTE AND KENNETH JOHN MERCADANTE, Appellants V. ZLH LC, INC. F/K/A ZALE LIPSHY UNIVERSITY HOSPITAL, INC., Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-15882-D MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Brown Opinion by Justice Brown Before the Court is appellee’s motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of prosecution because appellants have failed to file a brief.

Appellant’s brief was originally due on June 7, 2014. The Court granted numerous extensions totaling an additional 108 days to file their brief. When appellants failed to file their brief by October 21, 2014, the Court sent appellants a past-due notice instructing appellants to file their brief and an extension motion within ten days and cautioning them that failure to do so will result in dismissal of the appeal. Nevertheless, rather than filing a brief, appellants have again sought another extension of time. We deny appellants’ extension motion.

We grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1) & 42.3(b), (c).

/Ada Brown/ ADA BROWN JUSTICE

140370F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GENA MARCELLA MERCADANTE On Appeal from the 95th Judicial District AND KENNETH JOHN MERCADANTE, Court, Dallas County, Texas.

Appellants Trial Court Cause No. DC-10-15882.

Opinion delivered by Justice Brown.

No. 05-14-00370-CV V. Justices FitzGerald and Lang, participating.

ZLH LC, INC. F/K/A ZALE LIPSHY UNIVERSITY HOSPITAL, INC., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee ZLH LC, INC. F/K/A ZALE LIPSHY UNIVERSITY HOSPITAL, INC. recover its costs of this appeal from appellants GENA MARCELLA MERCADANTE AND KENNETH JOHN MERCADANTE.

Judgment entered this 19th day of November, 2014.

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