Dismissal and Opinion Filed July 1, 2013

SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01474-CV DONAVAN HOWARD, Appellant V. THE BANK OF NEW YORK MELLON TRUST COMPANY, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. cc-12-03177-C MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright The clerk’s record in this case is overdue. By letter dated April 19, 2013 we informed appellant that the County Clerk had notified the Court that the clerk’s record had not been filed because appellant had not paid for or made arrangements to pay for the clerk’s record. We directed appellant to file written verification that he had paid for or made arrangements to pay for the clerk’s record or that he had been found entitled to proceed without payment of costs. We cautioned appellant that if he did not file the required documentation within ten days, we might dismiss the appeal without further notice. To date, appellant has not provided the required documentation or otherwise corresponded with the Court regarding the status of the clerk’s record.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b).

/Carolyn Wright/ CAROLYN WRIGHT 121474F.P05 CHIEF JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DONAVAN HOWARD, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-12-01474-CV V. Trial Court Cause No. cc-12-03177-C.

Opinion delivered by Chief Justice Wright.

THE BANK OF NEW YORK MELLON Justices Lang-Miers and Lewis participating.

TRUST COMPANY, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee THE BANK OF NEW YORK MELLON TRUST COMPANY recover its costs of this appeal from appellant DONAVAN HOWARD.

Judgment entered July 1, 2013

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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