Totten, Karey Fay and Kathy Lynn Totten v. Mortgage Electronic Registration Systems Inc.

DISMISS: Opinion filed October 2, 2012.

In The

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No. 05-1 2-00994-CV

KAREY FAY TOTTEN AND KATHY LYNN TOTTEN, Appellants

V.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RESMAE MORTGAGE CORPORATiON,

RESNIAE MORTGAGE CORPORATION, QUANTUM SERVICING CORPORATION,

WATERFALL VICTORiA MASTER FUND LIMITED, AND

FIRST OPTION MORTGAGE, Appellees

On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-10-2002

MEMORANDUM OPINION

Before Justices Moseley, Fillmore, and Myers Opinion By Justice Moseley

Before the Court is appellees’ motion to dismiss the appeal. Appellees contend the Court should dismiss the appeal for want of prosecution.

Appellants’ brief was due on August 9, 2012. By letter dated August 15, 2012, the Court informed appellants that their brief was past due. The Court cautioned appellants that if they failed to file a brief with an extension motion within ten days, the appeal would be dismissed. As of today’s date, appellant has not filed a brief, a motion for extension, or a response to appellees’ motion to dismiss. AccordiniIv, we grant appellees’ motion and dismiss the appeal .SeL’ TEX. R. App. P. 38.8(a)(1) & 42.3(b) & (c).

/ JiM MOSELEY 7

JUSTICE

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JUDGMENT

KAREY FAY TOTTEN AND KATHY Appeal from the 59th Judicial District Court LYNN TOTTEN, Appellants ofGrayson County. Texas. (Tr.CtJ o. CV-I0-

2002).

No. 05-12-00994-CV V. Opinion delivered by Justice Moseley,

Justices Fillmore and Myers, participating. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RESMAE MORTGAGE CORPORATION, RESMAE MORTGAGE CORPORATION, QUANTUM SERVICING CO RPORATI ON, WATER FALL VICTORIA MASTER FUND LIMITED, AND FIRST OPTION MORTGAGE, Appellees

Based on the Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees, Mortgage Electronic Registration Systems, Inc.. as Nominee for Resmac Mortgage Corporation, Resmae Mortgage Coiporation, Quantum Servicing Corporation, Waterfall Victoria Master Fund Limited, and First Option Mortgage, recover their costs of the appeal from appellants, Karey Fay Totten and Kathy Lynn Totten.

Judgment entered October 2, 2012.

JIM MOSELEY

JUSTICE