Chester Carr II and All Occupants v. JP Morgan Chase Bank, NA. Its Successors and Assigns

DISMISS and Opinion Filed February 27, 2014

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01352-CV

CHESTER CARR II AND ALL OCCUPANTS
OF 1163 SOPHIA STREET, ALLEN, TEXAS 75013, Appellants
V.
JP MORGAN CHASE BANK, N.A., Appellee

On Appeal from the County Court at Law No. 2
Collin County, Texas
Trial Court Cause No. 002-00510-2013

MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Brown
Opinion by Chief Justice Wright
Before the Court is appellee’s motion to dismiss the appeal. Appellee contends the

appeal should be dismissed for want of prosecution. Appellants did not file a response to

appellee’s motion.

In a letter dated December 31, 2013, the Court informed appellants that they had received

notice from the Collin County Clerk that the clerk’s record had not been filed because they had

not paid or made arrangements to pay the fee. We instructed appellants to file, within ten days,

either written verification that appellants have paid or made arrangements to pay the clerk’s fee

or written documentation that they have been found to be entitled to proceed without advance

payment of costs. We cautioned appellants that if we did not receive the required documentation

within the time specified the Court might dismiss the appeal. See TEX. R. APP. P. 37.3(b).
 As of today’s date, appellants have not responded to our request for documentation

regarding payment for the clerk’s record. Accordingly, we grant appellee’s motion and dismiss

the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) & 42.3(b).

/Carolyn Wright/
1313532F.P05 CAROLYN WRIGHT
CHIEF JUSTICE

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 S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

CHESTER CARR II AND ALL On Appeal from the County Court at
OCCUPANTS OF 1163 SOPHIA STREET, Law No. 2, Collin County, Texas.
ALLEN, TEXAS 75013, Appellants Trial Court Cause No. 002-00510-2013.
Opinion delivered by Chief Justice Wright.
No. 05-13-01352-CV V. Justices Lang-Miers and Brown,
participating.
JP MORGAN CHASE BANK, N.A.,
Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee, JP MORGAN CHASE BANK, N.A., recover its costs of
this appeal from appellants, CHESTER CARR II AND ALL OCCUPANTS OF 1163 SOPHIA
STREET, ALLEN, TEXAS 75013.

Judgment entered February 27, 2014

/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE

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