Maria De La Fuente v. the Bank of New York Mellon Trust Company, N.A., as Trustee on Behalf of CWABS Inc., Asset-Backed Certificates Trust 2006-2 by Green Tree Servicing LLC

• Court: Court of Appeals of Texas
• Decided: August 11, 2015
• Docket: 05-15-00559-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed August 10, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00559-CV

MARIA DE LA FUENTE, Appellant V. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS TRUSTEE ON BEHALF OF CWABS INC., ASSET-BACKED CERTIFICATES TRUST 2006-2 BY GREEN TREE SERVICING LLC, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-15-01366-A

MEMORANDUM OPINION Before Justices Bridges, Lang, and Schenck Opinion by Justice Schenck The filing fee, docketing statement, and clerk’s record in this case are past due. By

postcard dated April 30, 2015, we notified appellant the $195 filing fee was due. We directed

appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to

do so would result in dismissal of the appeal. Also by postcard dated April 30, 2015, we notified

appellant the docketing statement had not been filed in this case. We directed appellant to file

the docketing statement within ten days. We cautioned appellant that failure to do so might

result in dismissal of this appeal. By letter dated May 29, 2015, we informed appellant the

clerk’s record had not been filed because appellant had not paid for or made arrangements to pay

for the clerk’s record. We directed appellant to provide verification of payment or arrangements

to pay for the clerk’s record or written documentation that appellant had been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to do so would

result in the dismissal of this appeal without further notice. To date, appellant has not paid the

filing fee, filed the docketing statement, provided the required documentation, or otherwise

corresponded with the Court regarding the status of the clerk’s record.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5; 37.3(b); 42.3(b), (c).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

150559F.P05

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

MARIA DE LA FUENTE, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-15-00559-CV V. Trial Court Cause No. CC-15-01366-A. Opinion delivered by Justice Schenck. THE BANK OF NEW YORK MELLON Justices Bridges and Lang participating. TRUST COMPANY, N.A., AS TRUSTEE ON BEHALF OF CWABS INC., ASSET- BACKED CERTIFICATES TRUST 2006-2 BY GREEN TREE SERVICING LLC, Appellee

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

It is ORDERED that appellee THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS TRUSTEE ON BEHALF OF CWABS INC., ASSET-BACKED CERTIFICATES TRUST 2006-2 BY GREEN TREE SERVICING LLC recover its costs of this appeal from appellant MARIA DE LA FUENTE.

Judgment entered this 10th day of August, 2015.

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