VIRGIL LIPTAK v. JUNE MATTINGLY (2011)

Court of Appeals of Texas, Dallas.

VIRGIL LIPTAK, Appellant v. JUNE MATTINGLY, Appellee

No. 05–09–00872–CV

Decided: June 07, 2011

Before Justices Richter, Lang, and Fillmore

MEMORANDUM OPINION

Opinion By Justice Fillmore

By letter dated April 20, 2011, we informed appellant the time for filing his brief had expired. We cautioned appellant that failure to file a brief and an extension motion within ten days would result in dismissal of the appeal. By letter dated May 3, 2011, we notified appellant that our records show he checked out the clerk's record on May 14, 2010 and had failed to return the record. We cautioned appellant that failure to return the clerk's record within ten days could result in dismissal of the appeal. To date, appellant has not returned the clerk's record, filed a brief or an extension motion, or otherwise corresponded with the Court.

Therefore, we dismiss the appeal. See Tex.R.App. P. 42.3(c).

090872F.P05

ROBERT M. FILLMORE JUSTICE

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