DISMISS and Opinion Filed December 23, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00797-CV DAVID HOING, Appellant V. ELLEN LOUISE NELSON AND THE PHILLY LIVING TRUST, Appellees On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-14072 MEMORANDUM OPINION Before Justices Whitehill, Schenck, and Browning Opinion by Justice Whitehill On November 20, 2020, after appellant had failed to file his opening brief by the date he had requested in an extension motion, we ordered appellant to file the brief by December 3, 2020 and cautioned him that failure to do so could result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). To date, appellant has not complied or otherwise communicated with the Court.

Accordingly, we dismiss the appeal. See id. 38.8(a)(1), 42.3(b),(c).

/Bill Whitehill/ BILL WHITEHILL JUSTICE

200797F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAVID HOING, Appellant On Appeal from the 44th Judicial District Court, Dallas County, Texas No. 05-20-00797-CV V. Trial Court Cause No. DC-18-14072.

Opinion delivered by Justice ELLEN LOUISE NELSON AND Whitehill, Justices Schenck and THE PHILLY LIVING TRUST, Browning participating.

Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees Ellen Louise Nelson and The Philly Living Trust recover their costs, if any, of this appeal from appellant David Hoing.

Judgment entered December 23, 2020

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