Tony Davis v. Deutsche Bank National Trust; Morgan Stanley Mortgage Capital 1, Inc.; Saxon Mortgage, Inc.; Mortgage Electronic Registration Systems, Inc.; John Cottrell, and Locke, Lord & BissellAppeal from 261st District Court of Travis County (memorandum opinion )
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00521-CV Tony Davis, Appellant v. Deutsche Bank National Trust; Morgan Stanley Mortgage Capital 1, Inc.; Saxon Mortgage, Inc.; Mortgage Electronic Registration Systems, Inc. (MERS); John Cottrell; and Locke, Lord & Bissell, Attorneys at Law, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. D-1-GN-12-001929, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING MEMORANDUM OPINION Appellant Tony Davis filed his notice of appeal on August 6, 2012. On January 16, 2013, the clerk of this Court sent a letter to appellant, notifying him that the clerk s record was overdue and requesting that he make payment arrangements for the clerk s record and submit a status report regarding this appeal. The overdue-record notice also informed appellant that if he failed to make payment arrangements or respond to the Court s notice by January 28, 2013, his appeal was subject to dismissal for want of prosecution. Appellant initially contended that no fees were due but on February 14, 2013, he notified this Court that he had made arrangements for payment with the district clerk. To date, the clerk s record in this cause has not been filed and the district clerk has not received any payment. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c). __________________________________________ Jeff Rose, Justice Before Justices Puryear, Pemberton and Rose Dismissed for Want of Prosecution Filed: March 21, 2013 2
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