Shirlene Davis v. the Bank of New York Mellon Fka the Bank of New York as Trustee for the Benefit of the Certificateholders of the Cwalt, Inc., Alternative Loan Trust 2004-2CB

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00436-CV SHIRLENE DAVIS APPELLANT V. THE BANK OF NEW YORK APPELLEE MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2004-2CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2CB ------------ FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ On October 31, 2012 and December 13, 2012, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this 1 See Tex. R. App. P. 47.4. appeal unless the $175 filing fee was paid. See Tex. R. App. P. 42.3(c). Appellant has not paid the $175 filing fee. See Tex. R. App. P. 5, 12.1(b). Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court’s order of August 28, 2007,2 we dismiss the appeal. See Tex. R. App. P. 42.3(c), 43.2(f). Appellant shall pay all costs of this appeal, for which let execution issue. See Tex. R. App. P. 43.4. PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DELIVERED: January 10, 2013 2 See Supreme Court of Tex., Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Aug. 28, 2007) (listing fees in courts of appeals). 2