Apolleon E. Alexander, and Pamela Alexander v. Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust III

• Court: Court of Appeals of Texas
• Decided: February 27, 2018
• Docket: 05-17-01095-CV
• Status: Published

Opinion

Dismissed and Opinion Filed February 27, 2018

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-17-01095-CV

APOLLEON E. ALEXANDER, AND PAMELA ALEXANDER, Appellants V. WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-17-04247-D

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Appellants’ brief in this case is overdue. After appellants failed to respond to the Court’s

inquiry regarding the reporter’s record, we ordered the appeal submitted without a reporter’s

record.1 By postcard dated January 16, 2018, we notified appellants the time for filing their brief

had expired. We directed appellants to file a brief and an extension motion within ten days. We

cautioned appellants that failure to file a brief and an extension motion would result in the dismissal

of this appeal without further notice.2 To date, appellants have not filed a brief, filed an extension

motion, or otherwise corresponded with the Court regarding the status of this appeal.

1 The notice was returned to the Court as undeliverable and attempts to contact appellants by telephone were unsuccessful. 2 The notice was initially emailed, but was not deliverable. A clerk of the court then left a voice message for appellants and then sent the notice via the United States Postal Service. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

171095F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

APOLLEON E. ALEXANDER AND On Appeal from the County Court at Law PAMELA ALEXANDER, Appellants No. 4, Dallas County, Texas Trial Court Cause No. CC-17-04247-D. No. 05-17-01095-CV V. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III, Appellee

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III recover its costs of this appeal from appellants APOLLEON E. ALEXANDER AND PAMELA ALEXANDER.

Judgment entered February 27, 2018.

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