Jose Arbaiza v. Franklin Credit Management Corporation as Servicer for Deutsche Bank National Trust Company, as Certificate Trustee on Behalf of Bosco Credit II Trust Series 2010-1 ( 2019 )

DISMISS and Opinion Filed April 3, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01501-CV JOSE ARBAIZA, Appellant V. FRANKLIN CREDIT MANAGEMENT CORPORATION AS SERVICER FOR DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CERTIFICATE TRUSTEE ON BEHALF OF BOSCO CREDIT II TRUST SERIES 2010-1, Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-11404 MEMORANDUM OPINION Before Justices Whitehill, Molberg, and Reichek Opinion by Justice Whitehill The clerk’s record in this case is past due. By letter dated January 28, 2019, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or to provide written documentation appellant had been found entitled to proceed without payment of costs within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appellant has not provided the required documentation, nor otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Bill Whitehill/ BILL WHITEHILL JUSTICE 181501F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSE ARBAIZA, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-18-01501-CV V. Trial Court Cause No. DC-18-11404. Opinion delivered by Justice Whitehill. FRANKLIN CREDIT MANAGEMENT Justices Molberg and Reichek participating. CORPORATION AS SERVICER FOR DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CERTIFICATE TRUSTEE ON BEHALF OF BOSCO CREDIT II TRUST SERIES 2010-1, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee FRANKLIN CREDIT MANAGEMENT CORPORATION AS SERVICER FOR DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CERTIFICATE TRUSTEE ON BEHALF OF BOSCO CREDIT II TRUST SERIES 2010-1 recover its costs of this appeal from appellant JOSE ARBAIZA. Judgment entered April 3, 2019 –3–