Clifton Allen v. Bank of America, N.A.

Opinion

DISMISS; and Opinion Filed June 4, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-12-01630-CV

CLIFTON ALLEN AND ALL OCCUPANTS OF 1814 BICKERS STREET, DALLAS, TEXAS 75212, Appellants V. BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-12-04878-B

MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice O’Neill Before the Court is appellee’s May 20, 2013 motion to dismiss the appeal. Appellee

contends the appeal should be dismissed for failure to prosecute. Appellants did not file a

response to appellee’s motion.

By postcard notice dated March 8, 2013, the Court informed appellants that their brief

was past due. We instructed appellants to file their brief along with an extension motion within

ten days. We cautioned appellants that failure to file a brief and extension motion within the

time specified would result in dismissal of the appeal. As of today’s date, appellants have not

filed a brief. Accordingly, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP.

P. 42.3(b) & (c). We deny appellee’s request for sanctions.

/Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE

121630F.P05

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

CLIFTON ALLEN AND ALL On Appeal from the County Court at Law OCCUPANTS OF 1814 BICKERS No. 2, Dallas County, Texas. STREET, DALLAS, TEXAS 75212, Trial Court Cause No. CC-12-04878-B. Appellants Opinion delivered by Justice O’Neill. Justices Francis and Fillmore, participating. No. 05-12-01630-CV V.

BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee

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

It is ORDERED that appellee, BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, recover its costs of this appeal from appellants, CLIFTON ALLEN AND ALL OCCUPANTS OF 1814 BICKERS STREET, DALLAS, TEXAS 75212.

Judgment entered this 4th day of June, 2013.

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