Loretter Brock v. Bank of New York as Trustee for the Certificate Holder for CWABS ( 2008 )

Dismissed and Memorandum Opinion filed December 4, 2008

Dismissed and Memorandum Opinion filed December 4, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00679-CV

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LORETTER BROCK, Appellant

V.

BANK OF NEW YORK AS TRUSTEE

FOR THE CERTIFICATE HOLDER FOR CWABS, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2007-12925

M E M O R A N D U M   O P I N I O N

According to information provided to this Court, this appeal is from a judgment signed April 28, 2008.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the Court appellant did not make arrangements to pay for the record. 

On October 2, 2008, notification was transmitted to all parties of the Court=s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this Court with proof of payment.  See Tex. R. App. P. 37.3(b).  Appellant filed no response.

In addition, our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent);Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). 

Appellant was given the requisite ten-days= notice that this appeal was subject to dismissal unless the fee was paid.  See Tex. R. App. P. 42.3.  Appellant has not paid the filing fee.  

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 4, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.