Clarke, Birgit v. American Home Mortgage Servicing

Opinion

DISMISS; Opinion issued March 7, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00774-CV

BIRGIT CLARKE, Appellant V. AMERICAN HOME MORTGAGE SERVICING, Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-15227

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright By letter dated June 11, 2012, we notified appellant the $175 filing fee was due in this

case. We cautioned appellant that failure to pay the fee within ten days would result in the

dismissal of this appeal. By letter dated July 27, 2012, we notified appellant that the district

clerk’s office informed the Court that the clerk’s record had not been filed because appellant had

not paid the fee for the clerk’s record. We directed appellant to provide this Court with either

written verification that she had paid for the clerk’s record or written verification that she was

entitled to proceed without payment of costs. We cautioned appellant that if the Court did not

receive the required documentation within ten days we might dismiss the appeal for want of

prosecution. To date, appellant has not paid the filing fee, provided verification of payment for the clerk’s record, provided verification that she is entitled to proceed without payment of costs,

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

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b),(c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

120774F.P05

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

BIRGIT CLARKE, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-12-00774-CV V. Trial Court Cause No. DC-11-15227. Opinion delivered by Chief Justice Wright. AMERICAN HOME MORTGAGE Justices Lang-Miers and Lewis participating. SERVICING, Appellee

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

It is ORDERED that appellee AMERICAN HOME MORTGAGE SERVICING recover its costs of this appeal from appellant BIRGIT CLARKE.

Judgment entered March 7, 2013.

–3–