COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-10-095-CV

BARBARA J. LUTZ, DEBRA LUTZ, APPELLANTS AND BRUCE LUTZ V. LITTON LOAN SERVICING, LP AS APPELLEE SERVICING AGENT FOR RESIDENTIAL FUNDING COMPANY, LLC, FORMERLY KNOWN AS RESIDENTIAL FUNDING CORPORATION ---------- FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------

See Tex. R. App. P. 47.4.

On April 1, 2010, April 13, 2010, and May 5, 2010, we notified appellant Barbara J. Lutz, in accordance with rule of appellate procedure 42.3(c), that we would dismiss her appeal unless the $175 filing fee was paid. See Tex. R. App. P. 42.3(c). Appellant Barbara J. Lutz has not paid the $175 filing fee.

See Tex. R. App. P. 5, 12.1(b).

Because appellant Barbara J. Lutz 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 of Barbara J. Lutz. See Tex. R. App. P. 42.3(c), 43.2(f). This case shall hereafter be styled ADebra Lutz and Bruce Lutz v. Litton Loan Servicing, LP as Servicing Agent for Residential Funding Company, LLC, formerly known as Residential Funding Corporation.@ Appellant Barbara J. Lutz shall pay all costs of her appeal, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: June 10, 2010

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).