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Totten v. Mortg. Elec. Registration Sys., Inc.

Court of Appeals Fifth District of Texas at Dallas
Oct 2, 2012
No. 05-12-00994-CV (Tex. App. Oct. 2, 2012)

Opinion

No. 05-12-00994-CV

10-02-2012

KAREY FAY TOTTEN AND KATHY LYNN TOTTEN, Appellants v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RESMAE MORTGAGE CORPORATION, RESMAE MORTGAGE CORPORATION, QUANTUM SERVICING CORPORATION, WATERFALL VICTORIA MASTER FUND LIMITED, AND FIRST OPTION MORTGAGE, Appellees


DISMISS:

On Appeal from the 59th Judicial District Court

Grayson County, Texas

Trial Court Cause No. CV-10-2002

MEMORANDUM OPINION

Before Justices Moseley, Fillmore, and Myers

Opinion By Justice Moseley

Before the Court is appellees' motion to dismiss the appeal. Appellees contend the Court should dismiss the appeal for want of prosecution.

Appellants' brief was due on August 9, 2012. By letter dated August 15, 2012, the Court informed appellants that their brief was past due. The Court cautioned appellants that if they failed to file a brief with an extension motion within ten days, the appeal would be dismissed. As of today's date, appellant has not filed a brief, a motion for extension, or a response to appellees'

motion to dismiss. Accordingly, we grant appellees' motion and dismiss the appeal. See Tex. R. App. P. 38.8(a)(1) & 42.3(b) & (c).

JIM MOSELEY

JUSTICE

120994F.P05

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

KAREY FAY TOTTEN AND KATHY LYNN TOTTEN, Appellants

V.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RESMAE MORTGAGE CORPORATION, RESMAE MORTGAGE CORPORATION, QUANTUM SERVICING CORPORATION, WATERFALL VICTORIA MASTER FUND LIMITED, AND FIRST OPTION MORTGAGE, Appellees

No. 05-12-00994-CV

Appeal from the 59th Judicial District Court of Grayson County, Texas. (Tr.Ct.No. CV-10- 2002).

Opinion delivered by Justice Moseley, Justices Fillmore and Myers, participating.

Based on the Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees, Mortgage Electronic Registration Systems, Inc., as Nominee for Resmae Mortgage Corporation, Resmae Mortgage Corporation, Quantum Servicing Corporation, Waterfall Victoria Master Fund Limited, and First Option Mortgage, recover their costs of the appeal from appellants, Karey Fay Totten and Kathy Lynn Totten.

Judgment entered October 2, 2012.

JIM MOSELEY

JUSTICE


Summaries of

Totten v. Mortg. Elec. Registration Sys., Inc.

Court of Appeals Fifth District of Texas at Dallas
Oct 2, 2012
No. 05-12-00994-CV (Tex. App. Oct. 2, 2012)
Case details for

Totten v. Mortg. Elec. Registration Sys., Inc.

Case Details

Full title:KAREY FAY TOTTEN AND KATHY LYNN TOTTEN, Appellants v. MORTGAGE ELECTRONIC…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 2, 2012

Citations

No. 05-12-00994-CV (Tex. App. Oct. 2, 2012)