the Estate of Leon and Lula Mae Rasberry and All Other Occupants v. US Bank National Association

Opinion

Dismissed and Opinion Filed October 22, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00845-CV

THE ESTATE OF LEON AND LULA MAE RASBERRY AND ALL OTHER OCCUPANTS, Appellants V. US BANK NATIONAL ASSOCIATION, Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-15-01896-C

MEMORANDUM OPINION Before Chief Justice Wright, and Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The filing fee, docketing statement, and clerk’s record in this case are past due. By

postcard dated July 14, 2015, we notified appellants the $195 filing fee was due. We directed

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

do so would result in dismissal of the appeal. Also by postcard dated July 14, 2015, we notified

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

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

result in dismissal of this appeal. By letter dated September 16, 2015, we informed appellants

the clerk’s record had not been filed because appellants had not paid for or made arrangements to

pay for the clerk’s record. We directed appellants to provide verification of payment or

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

do so would result in the dismissal of this appeal without further notice. To date, appellants have

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).

/Carolyn Wright/ 150845F.P05 CAROLYN WRIGHT CHIEF JUSTICE

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

THE ESTATE OF LEON AND LULA On Appeal from the County Court at Law MAE RASBERRY AND ALL OTHER No. 3, Dallas County, Texas OCCUPANTS, Appellants Trial Court Cause No. CC-15-01896-C. Opinion delivered by Chief Justice Wright. No. 05-15-00845-CV V. Justices Lang-Miers and Stoddart participating. US BANK NATIONAL ASSOCIATION, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee US Bank National Association recover its costs, if any, of this appeal from appellants The Estate of Leon and Lula Mae Rasberry and all other Occupants.

Judgment entered October 22, 2015.

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