Mike Denny and Current Occupants of 2803 Kingsford Lane, San Antonio, Texas v. Bank of America, N.A., as Trustee

Court of Appeals of Texas·Decided September 7, 2011·No. 04-11-00456-CV·Published

Opinion

MEMORANDUM OPINION No. 04-11-00456-CV

Mike DENNY and Current Occupants of 2803 Kingsford Lane, San Antonio, Texas, Appellants

v.

BANK OF AMERICA, N.A., as Trustee, Appellee

From the County Court at Law No. 8, Bexar County, Texas Trial Court No. 359459 Honorable Irene Rios, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice

Delivered and Filed: September 7, 2011

DISMISSED

Because appellants, Mike Denny and Current Occupants of 2803 Kingsford Lane, San

Antonio, Texas, failed to pay the filing fee in this appeal, we ordered appellants, on August 2,

2011, to either (1) pay the applicable filing fee or (2) provide written proof to this court they are

excused by statute or these rules from paying the filing fee by August 12, 2011. See TEX. R. APP.

P. 5 (providing that party who is not excused by statute or these rules from paying costs must

pay—at the time an item is presented for filing—whatever fees are required by statute or 04-11-00456-CV

Supreme Court order); TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under

Rule 20 may proceed without advance payment of costs). We warned that if appellants failed to

respond within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).

Appellants have failed to pay the filing fee or provide written proof that they are excused

from paying the filing fee by the date ordered. We, therefore, dismiss this appeal. See id.

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Mike Denny and Current Occupants of 2803 Kingsford Lane, San Antonio, Texas v. Bank of America, N.A., as Trustee, (Tex. Ct. App. 2011).

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