Willie Brown v. Deutsche Bank National Trust Company

Opinion

Dismiss and Opinion Filed October 25, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00443-CV

WILLIE BROWN, RENATA JONES, AND/OR ALL OTHER OCCUPANTS, Appellants V. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST SERIES IN ABS 2005-A, HOME EQUITY MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES IN ABS 2005-A UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2005 ITS SUCCESSORS AND ASSIGNS, Appellee

On Appeal from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 004-00495-2013

MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Myers Opinion by Justice FitzGerald On July 2, 2013, the Court ordered appellants to pay for the clerk’s record within ten

days. We warned that failure to do so would result in dismissal of the appeal. See TEX. R. APP.

P. 37.3(b). The Court now has before it the Collin County Clerk’s October 16, 2013 request for

an extension of time to file the clerk’s record because appellants have not paid for the record.

We deny the extension request as moot. We dismiss the appeal for want of prosecution. See id.

/Kerry P. FitzGerald/ 130443F.P05 KERRY P. FITZGERALD JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

WILLIE BROWN, RENATA JONES, On Appeal from the County Court at Law AND/OR ALL OTHER OCCUPANTS, No. 4, Collin County, Texas Appellants Trial Court Cause No. 004-00495-2013. Opinion delivered by Justice FitzGerald, No. 05-13-00443-CV V. Justices Francis and Myers participating.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST SERIES IN ABS 2005-A, HOME EQUITY MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES IN ABS 2005-A UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2005 ITS SUCCESSORS AND ASSIGNS, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal for want of prosecution. It is ORDERED that appellee Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series in Abs 2005-A, Home Equity Mortgage Loan Asset-Backed Certificates, Series in Abs 2005-A under the Pooling and Servicing Agreement Dated March 1, 2005 Its Successors and Assigns recover its costs of this appeal, if any, from appellants Willie Brown, Renata Jones, and/or all other occupants.

Judgment entered October 25, 2013

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

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