Court of Appeals of Texas, 2021

Anton Scott Haley v. Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust V-D

Anton Scott Haley v. Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust V-D
Court of Appeals of Texas · Decided January 7, 2021
Anton Scott Haley v. Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust V-D

Opinion

NUMBER 13-20-00270-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ ANTON SCOTT HALEY, Appellant, v.

WILMINGTON SAVINGS FUND

SOCIETY, FSB, AS OWNER

TRUSTEE OF THE RESIDENTIAL

CREDIT OPPORTUNITIES TRUST V-D, Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 2 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Longoria

On July 14, 2020, the Clerk of the Court notified appellant that the filing fee was past due and that the notice of appeal did not comply with Texas Rules of Appellate Procedure 9.1(c)(1) and 9.5(e) and was provided fifteen days to make the payment and correct the defect, if it could be done. On July 31, 2020, the Clerk of the Court sent a second notice to appellant that the $205.00 filing fee was past due and the appeal was subject to dismissal if the filing fee was not paid within fifteen days from the date of receipt of this letter. See id. 42.3(b),(c). Finally, on September 8, 2020, the Clerk of the Court provided a second notice to appellant regarding the defect in the notice of appeal.

Appellant has failed to respond to any of the Court’s notices, failed to cure defects in the notice of appeal, and has failed to pay the filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 42.3(b), (c).

NORA L. LONGORIA Justice

Delivered and filed the

7th day of January, 2021.

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