Daniel Smith v. U.S. Bank Trust NA, as Trustee for LSF9 Master Participation Trust

• Court: Court of Appeals of Texas
• Decided: April 19, 2016
• Docket: 04-16-00089-CV
• Status: Published

Opinion

COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE PATRICIA O. ALVAREZ (210) 335-2635 LUZ ELENA D. CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210) 335-2762

April 19, 2016

James G. Minerve Christopher Ferguson The Minerve Law Firm Jack O'Boyle & Associates 115 Saddle Blanket Trail PO Box 815369 Buda, TX 78610-9584 Dallas, TX 75831 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-16-00089-CV Trial Court Case Number: 2015CV07119 Style: Daniel Smith v. U.S. Bank Trust NA, as Trustee for LSF9 Master Participation Trust

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours, KEITH E. HOTTLE, CLERK

_____________________________ Rosa Gonzalez Deputy Clerk, Ext. 53855 Fourth Court of Appeals San Antonio, Texas April 19, 2016

No. 04-16-00089-CV

Daniel SMITH, Appellant

v.

U.S. BANK TRUST NA, AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2015CV07119 Honorable David J. Rodriguez, Judge Presiding

ORDER By order dated March 16, 2016, this court ordered appellant to provide written proof by March 28, 2016, that the reporter’s fee for the preparation of the reporter’s record was paid. The order further stated if appellant failed to provide such proof by March 28, 2016, appellant’s brief would be due by April 15, 2016, and the court would consider only those issues or points raised in appellant’s brief that did not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c).

Appellant did not provide written proof of payment and also has not filed his appellant’s brief. It is therefore ORDERED that appellant show cause in writing within fifteen days from the date of this order why this appeal should not be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a).

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of April, 2016.

___________________________________ Keith E. Hottle Clerk of Court