Order entered June 20, 2013
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, ET AL, Appellees
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-12-04514-B
ORDER
By opinion dated February 20, 2013 we dismissed this appeal for failure to pay the filing
fee. Thereafter, we granted appellant’s motion for rehearing and reinstated the appeal. In the
order reinstating the appeal, we ordered the County Clerk and the court reporter to file the record
because appellant had attached an affidavit of indigency to her motion for rehearing. In
response, the court reporter notified the Court that the affidavit of indigency relied on by
appellant had been filed in her district court case, not in this county court case. After further
review of the affidavit and the record in this case, we agree that the affidavit of indigency does
not apply to this case.
Accordingly, we VACATE that portion of our April 1, 2013 order requiring the County
Clerk and the court reporter to file the clerk’s and reporter’s records. We ORDER appellant to
remit the $175 filing fee within TEN DAYS of the date of this order. Failure to do so will result
in the dismissal of this appeal without further notice. See TEX. R. APP. P. 42.3(b)(c).
/s/ CAROLYN WRIGHT
CHIEF JUSTICE