DISMISS and Opinion Filed September 27, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00305-CV JOHN W. SMITH, Appellant V. ST. JUDE, INC., Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-24-01239-E MEMORANDUM OPINION Before Justices Reichek, Nowell, and Carlyle Opinion by Justice Nowell Appellant’s brief in this appeal is overdue. After appellant failed to respond to our inquiry regarding the reporter’s record, we ordered the appeal submitted without the reporter’s record and for appellant’s brief to be filed by August 9, 2024.

By postcard dated August 13, 2024 we notified appellant his brief was overdue and ordered him to file a 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 a brief nor 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).

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE 240305F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN W. SMITH, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-24-00305-CV V. Trial Court Cause No. CC-24-01239- E.

ST. JUDE, INC., Appellee Opinion delivered by Justice Nowell.

Justices Reichek and Carlyle participating.

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

Judgment entered September 27, 2024

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