Estate of Francisco J. Martinez Alma Martinez, Individually, as Personal Representative of the Estate of Francisco J. Martinez, As Next Friend of M.M., C.M., B.M., L.M., R.M., and F.M., Minors v. Ameripipe Supply, Inc. and AJK Supply, Inc.

Dismissed and Opinion Filed November 7, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-00734-CV

ESTATE OF FRANCISCO J. MARTINEZ; ALMA MARTINEZ, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCISCO J. MARTINEZ, DECEASED; AS NEXT FRIEND OF M.M., C.M., B.M., L.M., R.M., AND F.M., MINORS, ET AL., Appellants

V.

AMERIPIPE SUPPLY, INC. AND AJK SUPPLY, INC., Appellees On Appeal from the County Court at Law No. 2 Dallas County, Texas

Trial Court Cause No. CC-15-02608-B MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Appellants’ brief was due September 14, 2016. By notice dated September 15, 2016, we notified appellants’ counsel that the time for filing appellants’ brief had expired and directed appellants to file appellants’ brief and a motion for extension of time to file the brief in compliance with rules 10.1(a) and 10.5(b) of the Texas Rules of Appellate Procedure within ten days. We cautioned appellants that if the brief and extension motion were not filed within the time specified the appeal would be dismissed. Appellants have not filed the brief, an extension motion, or otherwise communicated with the Court regarding the status of the brief. Because appellants have failed to file their brief, despite being given more than eighty days to do so and being cautioned that failure to do so would result in dismissal of the appeal, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

160734F.P05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

ESTATE OF FRANCISCO J. MARTINEZ; On Appeal from the County Court at Law ALMA MARTINEZ, INDIVIDUALLY, AS No. 2, Dallas County, Texas PERSONAL REPRESENTATIVE OF THE Trial Court Cause No. CC-15-02608-B. ESTATE OF FRANCISCO J. MARTINEZ, Opinion delivered by Chief Justice Wright. DECEASED; AS NEXT FRIEND OF M.M., Justices Lang-Miers and Stoddart C.M., B.M., L.M., R.M., AND F.M., participating.

MINORS, ET AL., Appellants

No. 05-16-00734-CV V.

AMERIPIPE SUPPLY, INC. AND AJK

SUPPLY, INC., Appellees

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

It is ORDERED that appellees AMERIPIPE SUPPLY, INC. AND AJK SUPPLY, INC. recover their costs of this appeal from appellants ESTATE OF FRANCISCO J. MARTINEZ; ALMA MARTINEZ, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCISCO J. MARTINEZ, DECEASED, and AS NEXT FRIEND OF M.M., C.M., B.M., L.M., R.M., AND F.M., MINORS; ALFREDO MARTINEZ AND VICTORIA ORTIZ

Judgment entered this 7th day of November, 2016.