Dismissed and Opinion Filed May 2, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01073-CV ERIC DICHIARA, Appellant V. MARC A. SPARKS, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-05353 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns 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 March 30, 2024. By postcard dated April 2, 2024, we informed appellant his brief was overdue and directed appellant 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).

231073f.p05 /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIC DICHIARA, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-23-01073-CV V. Trial Court Cause No. DC-23-05353.

Opinion delivered by Chief Justice MARC A. SPARKS, Appellee Burns. Justices Molberg and Pedersen, III participating.

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

Judgment entered this 2nd day of May, 2024.

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