Dismiss and Opinion Filed March 31, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00153-CV JAMES HAMM, Appellant V. WALMART STORES TEXAS, Appellee On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-12-59 MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Francis Appellant’s brief in this case is overdue. By postcard dated November 15, 2013, 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).

130153F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES HAMM, Appellant On Appeal from the 382nd Judicial District Court, Rockwall County, Texas No. 05-13-00153-CV V. Trial Court Cause No. 1-12-59.

Opinion delivered by Justice Francis.

WALMART STORES TEXAS, Appellee Justices Moseley and Lang participating.

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

It is ORDERED that appellee WALMART STORES TEXAS recover its costs of this appeal from appellant JAMES HAMM.

Judgment entered March 31, 2014

/Molly Francis/ MOLLY FRANCIS JUSTICE

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