Savarese, Robert P. v. Federal National Mortgage Association aka Fannie Mae

 
DISMISS; Opinion issued December 9, 2011
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-11-00381-CV
............................
ROBERT PAUL AND PATRICIA FAYE SAVARESE, Appellants
V.
 
FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a FANNIE MAE, Appellee
.............................................................
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-11-01612-C
.............................................................
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Lag-Miers
Opinion By Chief Justice Wright
 
This appeal has been pending since April 1, 2011. The clerk's
record has been due since July 29, 2011. By order dated September 20,
2011, we ordered the Dallas County Clerk to file either the clerk's
record or written verification that appellants had not paid or made
arrangements to pay for the clerk's record. We cautioned appellants that
if we received written verification appellants had not paid or made
payment arrangements for the clerk's record we would dismiss the appeal
without further notice. By letter dated October 6, 2011, the Dallas
County Clerk informed us that the clerk's record had been prepared but
appellants had not paid for the record. In response, appellant filed an
affidavit of inability to pay on October 24, 2011. The affidavit is not
timely and is outside the time to cure the deficiency. See Tex. R. App.
 
P. 20.1(c)(1),(3) (affidavit of indigence must be filed with or before
the notice of appeal, this Court may extend time if motion to extend is
filed within fifteen days after deadline). To date, appellants have not
provided verification the clerk's record has been paid for and the
clerk's record has not been filed.
Therefore, we dismiss the appeal. See Tex. R. App. P. 37.3(b);
42.3(c).
 
CAROLYN WRIGHT
CHIEF JUSTICE
110381F.P05
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