DISMISS and Opinion Filed November 1, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00260-CV JOHN W. PETROS, Appellant V. GENE MCCUTCHIN, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-02323 MEMORANDUM OPINION Before Justices Partida-Kipness, Reichek, and Breedlove Opinion by Justice Reichek Appellant’s brief in this case is overdue. On September 5, 2023, we informed appellant his brief was overdue and directed him to file his brief within ten days. We cautioned appellant that failure to do so would result in the dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1); 42.3(c). To date, appellant has not filed his brief, an extension motion, or otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See id. 38.8(a)(1); 42.3(c).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230260F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN W. PETROS, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-23-00260-CV V. Trial Court Cause No. DC-22-02323.

Opinion delivered by Justice GENE MCCUTCHIN, Appellee Reichek. Justices Partida-Kipness and Breedlove participating.

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

Judgment entered November 1, 2023

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