Case Information
*1 C HIEF J USTICE L ISA M ATZ C AROLYN W RIGHT C LERK OF THE C OURT (214) 712-3450 J USTICES theclerk@5th.txcourts.gov D AVID L. B RIDGES M OLLY F RANCIS G AYLE H UMPA D OUGLAS S. L ANG B USINESS A DMINISTRATOR E LIZABETH L ANG -M IERS (214) 712-3434 R OBERT M. F ILLMORE gayle.humpa@5th.txcourts.gov Court of Appeals L ANA M YERS D AVID E VANS F ACSIMILE Fifth District of Texas at Dallas D AVID L EWIS (214) 745-1083 A DA B ROWN 600 C OMMERCE S TREET , S UITE 200 C RAIG S TODDART I NTERNET D ALLAS , T EXAS 75202 B ILL W HITEHILL WWW . TXCOURTS . GOV /5 THCOA . ASPX (214) 712-3400 D AVID J. S CHENCK
October 5, 2015 Mr. Alfred Hendricks, Sr.
P.O. Box 150676
Dallas, Texas 75315
RE: Court of Appeals Number: 05-15-00521-CV
Trial Court Case Number: TX-13-30828
Style: Alfred Hendricks Sr.
v.
Dallas County, et al.
Dear Mr. Hendricks:
The Court is in receipt of Appellant’s Motion to Dismiss Appeal dated September 25, 2015. After reviewing Appellant’s Motion, the Court has questions. Specifically, the appeal requests dismissal because, “Appellant is unable to carry the burden of this case as it is affecting his poor health and slower recovery He wishes to come to an agreement to compromise and settle differences in the suit … .” Moreover, the Motion further requests that this Court, “[S]et aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the both parties agreement Tex. R. App. P. 42.1(a)(2)(B) or reversal and rendition of judgment, reversal and modification of the trial courts judgment and / reversal and remand for further proceedings (new trial).”
Under appellate rule 42.1(a)(2)(B) the Court may, (1) dismiss the appeal on motion of Appellant or (2) upon agreement signed by the parties or their attorneys and filed with the clerk. The Court cannot do both.
So that this Court can properly dispose of this appeal, you are directed to file, no later than OCTOBER 15, 2015 , an amended motion that complies with the rules. Unless an amended motion that complies with the rules is filed, the Court will construe your motion as one in accordance with rule 42.1(a) and will dismiss the appeal.
Respectfully, *2 /s/ Lisa Matz, Clerk of the Court ltr/kfa
cc: Ms. Bridget Moreno Lopez
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