Maria De La Fuente v. the Bank of New York Mellon Trust Company, N.A., as Trustee on Behalf of CWABS Inc., Asset-Backed Certificates Trust 2006-2 by Green Tree Servicing LLC
DISMISS; and Opinion Filed August 10, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00559-CV
MARIA DE LA FUENTE, Appellant
V.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS TRUSTEE ON
BEHALF OF CWABS INC., ASSET-BACKED CERTIFICATES TRUST 2006-2 BY
GREEN TREE SERVICING LLC, Appellee
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-15-01366-A
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Schenck
Opinion by Justice Schenck
The filing fee, docketing statement, and clerk’s record in this case are past due. By
postcard dated April 30, 2015, we notified appellant the $195 filing fee was due. We directed
appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to
do so would result in dismissal of the appeal. Also by postcard dated April 30, 2015, we notified
appellant the docketing statement had not been filed in this case. We directed appellant to file
the docketing statement within ten days. We cautioned appellant that failure to do so might
result in dismissal of this appeal. By letter dated May 29, 2015, we informed appellant the
clerk’s record had not been filed because appellant had not paid for or made arrangements to pay
for the clerk’s record. We directed appellant to provide verification of payment or arrangements
to pay for the clerk’s record or written documentation that appellant had been found to be
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 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).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
150559F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARIA DE LA FUENTE, Appellant On Appeal from the County Court at Law
No. 1, Dallas County, Texas
No. 05-15-00559-CV V. Trial Court Cause No. CC-15-01366-A.
Opinion delivered by Justice Schenck.
THE BANK OF NEW YORK MELLON Justices Bridges and Lang participating.
TRUST COMPANY, N.A., AS TRUSTEE
ON BEHALF OF CWABS INC., ASSET-
BACKED CERTIFICATES TRUST 2006-2
BY GREEN TREE SERVICING LLC,
Appellee
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 TRUST
COMPANY, N.A., AS TRUSTEE ON BEHALF OF CWABS INC., ASSET-BACKED
CERTIFICATES TRUST 2006-2 BY GREEN TREE SERVICING LLC recover its costs of this
appeal from appellant MARIA DE LA FUENTE.
Judgment entered this 10th day of August, 2015.
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