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Clark v. Bank of N.Y. Mellon

Court of Appeals Fifth District of Texas at Dallas
Apr 7, 2014
No. 05-12-01366-CV (Tex. App. Apr. 7, 2014)

Opinion

No. 05-12-01366-CV

04-07-2014

HELEN CLARK, Appellant v. THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS INC. ASSET-BACKED CERTIFICATES SERIES 2004-15, Appellee


DISMISS; and Opinion Filed April 7, 2014.

On Appeal from the County Court at Law No. 2

Dallas County, Texas

Trial Court Cause No. CC-12-04514-B


MEMORANDUM OPINION


Before Justices FitzGerald, Fillmore, and Evans

Opinion by Justice Fillmore

Appellant's brief in this case is overdue. By postcards dated November 1, 2013 and December 1, 2013, we notified appellant the time for filing her brief had expired. By order dated December 5, 2013, we granted appellant's second motion for extension of time to file her brief and ordered the brief filed by January 6, 2014. We cautioned appellant that no further extension of time would be granted absent extraordinary circumstances. By postcard dated January 21, 2014, we again notified appellant the time for filing her brief had expired. We directed appellant to file both her brief and an extension motion within ten days. We cautioned appellant that failure to file her brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed her brief, an extension motion, or otherwise corresponded with the Court regarding the status of her brief.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c).

___________________


JUSTICE
121366F.P05

JUDGMENT

HELEN CLARK, Appellant

V. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC. ASSET-BACKED CERTIFICATES SERIES 2004-15, Appellee No. 05-12-01366-CV

On Appeal from the County Court at Law

No. 2, Dallas County, Texas

Trial Court Cause No. CC-12-04514-B.

Opinion delivered by Justice Fillmore.

Justices FitzGerald and Evans participating.

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 FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC. ASSET-BACKED CERTIFICATES SERIES 2004-15 , recover its costs of this appeal from appellant HELEN CLARK.

___________________

ROBERT M. FILLMORE

JUSTICE


Summaries of

Clark v. Bank of N.Y. Mellon

Court of Appeals Fifth District of Texas at Dallas
Apr 7, 2014
No. 05-12-01366-CV (Tex. App. Apr. 7, 2014)
Case details for

Clark v. Bank of N.Y. Mellon

Case Details

Full title:HELEN CLARK, Appellant v. THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 7, 2014

Citations

No. 05-12-01366-CV (Tex. App. Apr. 7, 2014)