Order entered February 5, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00045-CV
IRA W. BREWER, EUGENIA BREWER AND ALL OTHER OCCUPANTS, Appellants
V.
U.S. BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE BEAR
STERNS ARM TRUST, ET AL., Appellees
On Appeal from the County Court at Law No. 5
Collin County, Texas
Trial Court Cause No. 005-01529-2013
ORDER
By letter dated January 27, 2014, Collin County Clerk Stacey Kemp requests an
extension of time to file the record, explaining appellants have failed to pay the fee for the
record. A review of our records reveals appellants have also failed to pay the $195 appellate
filing fee. Because the appeal cannot proceed without the clerk’s record, we ORDER appellants
to file, within fifteen days of this order, written verification that they have either (1) paid or made
arrangements to pay the clerk’s fee or (2) been found entitled to proceed without advance
payment of costs. We also ORDER appellants, if they have not been found entitled to proceed
without advance payment of costs, to pay the filing fee within fifteen days of the order. We
caution appellants that failure to comply with our directives may result in the appeal being
dismissed without further notice. See TEX. R. APP. P. 37.3(b), 42.3(b),(c).
Because appellants have not paid or made arrangements to pay the clerk’s fee and have
not shown they are entitled to appeal without paying the fee, the record is not yet due and no
extension is necessary. See TEX. R. APP. P. 35.3(a). Accordingly, we DENY the Collin County
Clerk’s request for an extension of time as premature.
/s/ ELIZABETH LANG-MIERS
JUSTICE