Jeff Noebel v. DLJ Mortgage Capital Inc.

• Court: Court of Appeals of Texas
• Decided: September 13, 2013
• Docket: 05-12-01495-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed September 13, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01495-CV

JEFF C. NOEBEL, Appellant V. DLJ MORTGAGE CAPITAL, INC. AND SELECT PORTFOLIO SERVICING, INC., Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-08-13275

MEMORANDUM OPINION Before Justices Moseley, Lang, and Richter Opinion by Justice Moseley Under the rules of appellate procedure, an appellant is required to file a docketing statement and,

unless excused by statute or the appellate rules, pay a $175 filing fee. See TEX. RS. APP. P. 5, 20.1, 32.1;

see also TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.208 (West Supp. 2012), 51.941(a)(1) (West 2005);

Tex. Sup. Ct., Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Court of

Appeals and Before the Judicial Panel on Multidistrict Litigation, Docket No. 07-9138 (Aug. 28, 2007),

§B1(a). Jeff Noebel has done neither, despite being cautioned that his appeal would be dismissed without

further notice unless he complied with the requirements by August 19, 2013. Accordingly, we dismiss the

appeal. See TEX. R. APP. P. 42.3.

/Jim Moseley/ JIM MOSELEY JUSTICE 121495F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JEFF C. NOEBEL, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-12-01495-CV V. Trial Court Cause No. DC-08-13275. Opinion delivered by Justice Moseley. Justices DLJ MORTGAGE CAPITAL, INC. AND Lang and Richter participating. SELECT PORTFOLIO SERVICING, INC., Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees DLJ Mortgage Capital, Inc. and Select Portfolio Servicing, Inc. recover their costs, if any, of this appeal from appellant Jeff C. Noebel.

Judgment entered this 13th day of September, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE

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