Wally Yammine v. Kim Ellen Lewiski, Individually, Hughes Watters, Askanase, LLC, Anthony Garcia, Damian W. Abreo, PNC Bank, National Association, Select Portfolio Serving, Inc.

• Court: Court of Appeals of Texas
• Decided: July 15, 2024
• Docket: 05-23-00052-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 15, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00052-CV

WALLY YAMMINE, Appellant V. KIM ELLEN LEWISKI, INDIVIDUALLY, HUGHES WATTERS, ASKANASE, LLC, ANTHONY GARCIA, DAMIAN W. ABREO, PNC BANK, NATIONAL ASSOCIATION, SELECT PORTFOLIO SERVING, INC., ET AL., Appellees

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-21-00009-C

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Carlyle Opinion by Justice Pedersen, III The clerk’s record in this case has not been filed. By order dated May 3, 2024,

we struck the affidavit of inability to pay filed in this case because the affidavit was

filed in a different trial court cause, not in this cause. We informed appellant he

could filed an affidavit in this appeal and the underlying cause, but our records do

not indicate appellant has done so. By letter dated June 27, 2024, we informed

appellant the clerk’s record had not been filed because appellant had not paid for the

clerk’s record. We directed appellant to provide, within ten days, verification he (1) had either paid for or made arrangements to pay for the clerk’s record, or (2) was

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 provided the required documentation nor otherwise corresponded

with the Court regarding the status of this appeal.

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

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE 230052F.P05

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

WALLY YAMMINE, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-23-00052-CV V. Trial Court Cause No. CC-21-00009- C. KIM ELLEN LEWISKI, Opinion delivered by Justice INDIVIDUALLY, HUGHES Pedersen, III. Chief Justice Burns and WATTERS, ASKANASE, LLC, Justice Carlyle participating. ANTHONY GARCIA, DAMIAN W. ABREO, PNC BANK, NATIONAL ASSOCIATION, SELECT PORTFOLIO SERVING, INC., ET AL., Appellees

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

Judgment entered July 15, 2024

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