Betty L. Woods v. Mortgage Electronic Registrations Services, LLC

DISMISS; Opinion Filed March 5, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01453-CV BETTY L. WOODS, Appellant V. MORTGAGE ELECTRONIC REGISTRATIONS SERVICES, LLC, FEDERAL HOME LOAN MORTGAGE CORPORATION, AND AURORA LOAN SERVICES, LLC, Appellees On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-11-404 MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Lang Appellees have filed a motion to dismiss the appeal based, in part, on appellant’s failure to prosecute the appeal. See TEX. R. APP. P. 42.3(b). Specifically, appellees assert the appeal should be dismissed because appellant’s brief is overdue. Our records reflect appellant’s brief was due November 20, 2013. When she failed to file her brief by November 27, 2013, we gave her an additional ten days to file the brief and cautioned her that the appeal would be dismissed if she did not comply. See TEX. R. APP. P. 38.8(a)(1). To date, she has not complied. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). 131453F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BETTY L. WOODS, Appellant On Appeal from the 439th Judicial District Court, Rockwall County, Texas No. 05-13-01453-CV V. Trial Court Cause No. 1-11-404. Opinion delivered by Justice Lang. Justices MORTGAGE ELECTRONIC Moseley and Francis participating. REGISTRATIONS SERVICES, LLC, FEDERAL HOME LOAN MORTGAGE CORPORATION, AND AURORA LOAN SERVICES, LLC, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Mortgage Electronic Registrations Services, LLC, Federal Home Loan Mortgage Corporation, and Aurora Loan Services, LLC recover their costs, if any, of this appeal from appellant Betty L. Woods. Judgment entered this 5th day of March, 2014. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE –2–