DISMISS and Opinion Filed November 12, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00397-CV GEORGE STEWART, Appellant V. SURRHOME SUPPLY, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-01325-D MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns By postcard dated October 7, 2021, we directed appellant to file his brief within ten days and cautioned him that failure to comply would result in the appeal being dismissed. See TEX. R. APP. P. 38.8(a)(1). To date, appellant has not complied. Accordingly, we dismiss the appeal. See id. 38.8(a)(1), 42.3(b),(c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 210397F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GEORGE STEWART, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-21-00397-CV V. Trial Court Cause No. CC-21-01325- D.

SURRHOME SUPPLY, Appellee Opinion delivered by Chief Justice Burns, Justices Goldstein and Smith participating.

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

Judgment entered November 12, 2021.

–2–