Court of Civil Appeals of Texas, 2014

Linda M. Garrard and Paul Garrard v. Deutsche Bank National Trust Company

Linda M. Garrard and Paul Garrard v. Deutsche Bank National Trust Company
Court of Civil Appeals of Texas · Decided April 3, 2014

Linda M. Garrard and Paul Garrard v. Deutsche Bank National Trust Company

Opinion

DISMISS; and Opinion Filed April 3, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01403-CV LINDA M. GARRARD AND PAUL GARRARD, Appellants V. DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 12-03456 MEMORANDUM OPINION Before Justices Bridges, O'Neill, and Brown Opinion by Justice O'Neill The clerk’s record in this case is overdue. By letter dated January 15, 2014, we informed appellants that we had been notified by the Dallas County District Clerk that the clerk’s record in this case had been prepared but had not been filed because appellant had not paid for or made arrangements to pay for the clerk’s record. We directed appellants to provide the Court with written verification that they had paid for or made arrangements to pay for the clerk’s record or that they had been found entitled to proceed without payment of costs within ten days. We cautioned appellants that if we did not receive the required verification, we might dismiss the appeal without further notice. To date, appellants have not provided the required verification, 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); 42.3(b), (c).

/Michael J. O’Neill/ MICHAEL J. O’NEILL JUSTICE

131403F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LINDA M. GARRARD AND PAUL On Appeal from the 191st Judicial District GARRARD, Appellants Court, Dallas County, Texas Trial Court Cause No. 12-03456.

No. 05-13-01403-CV V. Opinion delivered by Justice O'Neill.

Justices Bridges and Brown participating.

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

It is ORDERED that appellee DEUTSCHE BANK NATIONAL TRUST COMPANY recover its costs of this appeal from appellants LINDA M. GARRARD AND PAUL GARRARD.

Judgment entered this 3rd day of April, 2014.

/Michael J. O’Neill MICHAEL J. O’NEILL JUSTICE

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