Helen Clark v. the Bank of New York Mellon

DISMISS; and Opinion Filed April 7, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01366-CV 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 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). /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 121366F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HELEN CLARK, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-12-01366-CV V. Trial Court Cause No. CC-12-04514-B. Opinion delivered by Justice Fillmore. THE BANK OF NEW YORK MELLON Justices FitzGerald and Evans participating. FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC. ASSET-BACKED CERTIFICATES SERIES 2004-15, 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 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. Judgment entered this 7th day of April, 2014. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE –3–