DISMISS and Opinion Filed July 3, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01232-CV GERALD MCKITTY, Appellant V. ALESIO GARDEN LLC, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-23-04252-B MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Goldstein 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 May 16, 2024. By postcard dated May 20, 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).

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN 231232F.P05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERALD MCKITTY, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-23-01232-CV V. Trial Court Cause No. CC-23-04252- B.

ALESIO GARDEN LLC, Appellee Opinion delivered by Justice Goldstein. Justices Reichek and Garcia participating.

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

Judgment entered July 3, 2024

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