Dismiss and Opinion Filed August 30, 2018 

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In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-17-01219-CV DIANE E. CLEMENTS, Appellant V. CVS PHARMACY, INC., CVS CAREMARK C ORP., CVS HEALTH, CAREMARK, LLC, AND DM DESIGNS, INC., Appellees On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-04930-2015



### MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges This is an appeal from a summa ry judgment dismissing appellant’ s premises liability suit. Before the Court is appellees’ opposed motion to dismiss the ap peal pursuant to Texas Rule of Appellate Procedure 38.8(a)(1) and 42.3. Appellees assert appe llant has failed to file her brief despite being granted numerous extensions and being cautioned t hat failure to file the brief could result in dismissal of the appeal. We note appellant’s brief was first due December 17, 2017. On February 15, 2018, after two extensions for filing the brief had been granted, counsel f or appellant informed the Court appellant had died. Counsel sough t another extension and expla ined that while appellant’s husband was expected to be appointed administrator of appellant ’s estate, appellant’s husband was–2– not yet authorized to act on her behalf. 1 Based on counsel’s represe ntations, we extended the deadline for filing the brief another thirty days and then anot her sixty days. The order granting the sixty-day extension directed appe llant’s brief or a status repo rt on the probate proceedings be filed no later than May 28, 2018. When ne ither was filed, we ordered the brief or status report be filed no later than July 13, 2018 and cau tioned that failure to compl y could result in dismissal of the appeal. The Court has had no communication with appellant’s counsel or anyone on behalf of appellant’s estate since March 19, 2018. As no brief or status report has been filed, we grant appellees’ motion and dismiss the appeal. See T EX
. R. A PP
. P. 38.8(a)(1), 42.3(b),(c).

171219F.P05

1 A claim involving a party’s property rights survives the death of the party. See Kenseth v. Dallas Cty. , 126 S.W.3d 584, 593-94 (Tex. App.—2004, pet. denied). Under Te xas Rule of Appellate Procedu re 7.1, if a party to a civil case dies after the trial court r enders judgment but before the case has been fully d isposed of on appeal, the appea l may be perfected, and the appeal will proceed as if all parti es were alive. See T EX

. R. A PP

. P. 7.1(a). The deceased party may b e represented by the executor or administrator of his estate or by an heir. See Kenseth , 126 S.W.3d at 595-96. /David L. Bridges/ DAVID L. BRIDGES JUSTICE–3– 

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Court of Appeals Fifth District of Texas at Dallas JUDGMENT
DIANE E. CLEMENTS, Appellant
No. 05-17-01219-CV V. CVS PHARMACY, INC., CVS CAREMARK CORP., CVS HEALTH, CAREMARK, LLC, AND DM DESIGNS, INC., Appellees On Appeal from the 380th Judicial District Court, Collin County, Texas Trial Court Cause No. 380-04930-2015. Opinion delivered by Justice Bridges, Justices Brown and Boatr ight participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER appellees CVS Pharmacy, Inc., CVS Caremark Corp., CVS Health, Caremark, LLC, and DM Designs, Inc. recover their costs of this appeal from appellant Diane E. Clements.
Judgment entered August 30, 2018.