Dismiss and Opinion Filed March 21, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01503-CV PERRY R. COX, Appellant V. TUSCANY AT WILSON CREEK, Appellee On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 002-02390-2012 MEMORANDUM OPINION Before Chief Justice Wright, Justices Lang-Miers and Brown Opinion by Chief Justice Wright Appellant’s brief in this case is overdue. By postcard dated June 21, 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).

121503F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT PERRY R. COX, Appellant On Appeal from the County Court at Law No. 2, Collin County, Texas No. 05-12-01503-CV V. Trial Court Cause No. 002-02390-2012.

Opinion delivered by Chief Justice Wright.

TUSCANY AT WILSON CREEK, Appellee Justices Lang-Miers and Brown participating.

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

It is ORDERED that appellee TUSCANY AT WILSON CREEK recover its costs of this appeal from appellant PERRY R. COX.

Judgment entered March 21, 2014

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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