Dismissed and Opinion Filed March 26, 2014

S Court of Appeals In The

Fifth District of Texas at Dallas No. 05-13-00873-CV PAUL SULLIVAN, Appellant V. SOUTH SIDE PLAZA 455 LTD, LLP, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-13-02889-C MEMORANDUM OPINION Before Chief Justice Wright, and Justices Lang-Miers and Brown Opinion by Chief Justice Wright Appellant’s brief in this case is overdue. By postcard dated October 18, 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 this appeal.

Further, on July 29, 2013, appellee filed its notice of cross-appeal. By postcard dated July 30, 2013, we directed appellee to remit the $175 filing fee for the cross-appeal. We cautioned appellee/cross-appellant that failure to do so would result in dismissal of the cross- appeal without further notice. To date appellee/cross-appellant has not paid the filing fee or otherwise corresponded with the Court regarding the cross-appeal.

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

130873F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT PAUL SULLIVAN, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-13-00873-CV V. Trial Court Cause No. CC-13-02889-C.

Opinion delivered by Chief Justice Wright.

SOUTH SIDE PLAZA 455 LTD, LLP, Justices Lang-Miers and Brown Appellee participating.

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

It is ORDERED that appellee SOUTH SIDE PLAZA 455 LTD, LLP recover its costs of this appeal from appellant PAUL SULLIVAN.

Judgment entered March 26, 2014

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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