Dismissed and Opinion Filed November 14, 2023.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00781-CV CORNELIUS GIBSON, Appellant V. BANK OF AMERICA, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-19211 MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Garcia Opinion by Justice Partida-Kipness Appellant’s brief in this case is overdue. After appellant failed to respond to our inquiry regarding the reporter’s record, we ordered the appeal submitted without a reporter’s record and for appellant’s brief to be filed by October 20, 2023. By postcard dated October 24, 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 this appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). To date, appellant has not filed his brief or otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8 (a)(1); 42.3(b), (c).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 230781F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CORNELIUS GIBSON, Appellant On Appeal from the 298th Judicial District Court, Dallas County, Texas No. 05-23-00781-CV V. Trial Court Cause No. DC-20-19211.

Opinion delivered by Justice Partida- BANK OF AMERICA, Appellee Kipness. Justices Pedersen, III and Garcia participating.

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

Judgment entered November 14, 2023

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