Dismiss and Opinion Filed August 30, 2018 

S 

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 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 

MEMORANDUM OPINION 

Before Justices Bridges, Brown, and Boatright 

Opinion by Justice Bridges 

This is an appeal from a summary judgment dismissing appellant’s premises liability suit. 

Before the Court is appellees’ opposed motion to dismiss the appeal pursuant to Texas Rule of 

Appellate Procedure 38.8(a)(1) and 42.3. Appellees assert appellant has failed to file her brief 

despite being granted numerous extensions and being cautioned that 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 for appellant informed the Court 

appellant had died. Counsel sought another extension and explained that while appellant’s 

husband was expected to be appointed administrator of appellant’s estate, appellant’s husband was 
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not yet authorized to act on her behalf.1

 Based on counsel’s representations, we extended the 

deadline for filing the brief another thirty days and then another sixty days. The order granting the 

sixty-day extension directed appellant’s brief or a status report on the probate proceedings be filed 

no later than May 28, 2018. When neither was filed, we ordered the brief or status report be filed 

no later than July 13, 2018 and cautioned that failure to comply 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 TEX. R. APP. 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 Texas Rule of Appellate Procedure 7.1, if a party to a civil case dies after the trial court renders judgment but 

before the case has been fully disposed of on appeal, the appeal may be perfected, and the appeal will proceed as if all parties were alive. See TEX.

R. APP. P. 7.1(a). The deceased party may be 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 
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S 

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 Boatright 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.