Michael D. Rodgers Sr. v. Bank of America, N.A.

Summary

The Fifth District Court of Appeals of Texas granted Bank of America, N.A.’s motion to dismiss the appeal as moot and for failure to prosecute. The court dismissed the appeal because the appellant had not responded to the motion or filed the required brief, and awarded appellate costs to the appellee.

Holdings

1. The appeal was dismissed because the appellant failed to prosecute the appeal, including failing to file the required brief and failing to respond to the appellee's motion to dismiss; the court also granted the motion insofar as it sought dismissal as moot.

Questions Presented

1. Whether the appeal should be dismissed for failure to prosecute after the appellant failed to file the required brief and failed to respond to the appellee's dismissal motion.
2. Whether the appeal should be dismissed as moot.

Disposition

dismissed