Jimmy C. Ballard and Alexis Boultinghouse-Ballard v. HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2004-RM2 Asset Backed Pass-Through Certificates ( 2016 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    July 19, 2016
    No. 04-16-00405-CV
    Jimmy C. BALLARD and Alexis Boultinghouse-Ballard,
    Appellants
    v.
    HSBC BANK USA, National Association, As Trustee for ACE Securities Corp. Home Equity
    Loan Trust, Series 2004-RM2 Asset Backed Pass-Through Certificates,
    Appellees
    From the County Court at Law No. 3, Bexar County, Texas
    Trial Court No. 2015CV07393
    Honorable Karen Crouch, Judge Presiding
    ORDER
    A filing fee of $205.00 was due when this appeal was filed but it was not paid. See
    TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL
    CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT
    LITIGATION (Misc. Docket No. 15-9158, Aug. 28, 2015). The clerk of the court notified
    appellants of this deficiency in a letter dated June 23, 2016. The fee remains unpaid. Rule 5 of
    the Texas Rules of Appellate Procedure provides:
    A party who is not excused by statute or these rules from paying costs must pay –
    at the time an item is presented for filing – whatever fees are required by statute
    or Supreme Court order. The appellate court may enforce this rule by any order
    that is just.
    TEX. R. APP. P. 5.
    We therefore ORDER appellants, not later than July 29, 2016 to either: (1) pay the
    applicable filing fee, or (2) provide written proof to this court that they are indigent or otherwise
    excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See id. R.
    20.1 (providing that indigent party who complies with provisions of that rule may proceed
    without advance payment of costs). If appellants fail to respond satisfactorily within the time
    ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3. We note that appellants have
    also failed to file the required docketing statement. See id. R. 32.
    We order the clerk of this court to serve a copy of this order on all counsel and the court
    reporter.
    _________________________________
    Marialyn Barnard, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 19th day of July, 2016.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-16-00405-CV

Filed Date: 7/19/2016

Precedential Status: Precedential

Modified Date: 7/20/2016