DTND Sierra Investment, LLC v. HSBC Bank USA, National Association, as Successor Trustee to Wells Fargo Bank, N.A., as Trustee for Bear Stearns Mortgage Funding Trust 2006-AC1, Asset-Backed Certificates, Series 2006-AC1

HSBC Bank USA, National
Association, as Successor
Trustee to Wells Fargo Bank,
N.A., as Trustee for Bear
Stearns /s

Fourth Court of Appeals
San Antonio, Texas
November 17, 2015

No. 04-15-00657-CV

DTND SIERRA INVESTMENT, LLC,
Appellant

v.

HSBC BANK USA, National Association, as Successor Trustee to Wells Fargo Bank, N.A., as
Trustee for Bear Stearns Mortgage Funding Trust 2006-AC1, Asset-Backed Certificates, Series
2006-AC1,
Appellees

From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-00165
Honorable Richard Price, Judge Presiding

ORDER
The reporter’s record was due November 2, 2015, but was not filed. On November 4,
2015, this court notified the court reporter that the reporter’s record was late. The court reporter
responded to our notice on November 9, 2015, by stating that the record was not filed because
appellant has not paid or made arrangements to pay the reporter’s fee to prepare the record and
that appellant is not entitled to the record without paying the fee. See TEX. R. APP. P. 34.6(b),
35.3(b). The reporter attached a copy of an email she sent to counsel for appellant on September
24, 2015, advising of the cost of the record. The reporter also advised that she also called
counsel for appellant.

Accordingly, we ORDER appellant to provide written proof to this court on or before
November 30, 2015 that either (1) the reporter’s fee has been paid or arrangements satisfactory
to the reporter have been made to pay the reporter’s fee, or (2) appellant is entitled to the record
without prepayment of the reporter’s fee. See id. R. 35.3(b). If appellant fails to respond
within the time provided, appellant’s brief will be due December 17, 2015 and the court
will only consider those issues or points raised in appellant’s brief that do not require a
reporter=s record for a decision. See id. R. 37.3(c).

_________________________________
Marialyn Barnard, Justice
 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 17th day of November, 2015.

___________________________________
Keith E. Hottle
Clerk of Court