Totten, Karey Fay and Kathy Lynn Totten v. Mortgage Electronic Registration Systems Inc., et al
Annotate this Case
Download PDF
DISMISS: Opinion filed October 2, 2012. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00994-CV KAREY FAY TOTTEN AND KATHY LYNN TOTTEN, Appellants V. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RESMAE MORTGAGE CORPORATION, RESMAE MORTGAGE CORPORATION, QUANTUM SERVICING CORPORATION, WATERFALL VICTORIA MASTER FUND LIMITED, AND FIRST OPTION MORTGAGE, Appellees On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-10-2002 MEMORANDUM OPINION Before Justices Moseley, Fillmore, and Myers Opinion By Justice Moseley Before the Court is appellees= motion to dismiss the appeal. Appellees contend the Court should dismiss the appeal for want of prosecution. Appellants= brief was due on August 9, 2012. By letter dated August 15, 2012, the Court informed appellants that their brief was past due. The Court cautioned appellants that if they failed to file a brief with an extension motion within ten days, the appeal would be dismissed. As of today=s date, appellant has not filed a brief, a motion for extension, or a response to appellees= Comment [COMMENT1]: Page Number Footer A Included Use Hotkey ` and then EFA to (E)dit (F)ooter (A) Comment [COMMENT2]: Date Printed: Header A included, Use Hotkey ` and then EHA to (E)dit (H)eader (A) Use Hotkey ` and then DHAT to (D)elete (H)eader (A)(T)ext motion to dismiss. Accordingly, we grant appellees= motion and dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1) & 42.3(b) & (c). JIM MOSELEY JUSTICE 120994F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KAREY FAY TOTTEN AND KATHY LYNN TOTTEN, Appellants No. 05-12-00994-CV V. Appeal from the 59th Judicial District Court of Grayson County, Texas. (Tr.Ct.No. CV-102002). Opinion delivered by Justice Moseley, Justices Fillmore and Myers, participating. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RESMAE MORTGAGE CORPORATION, RESMAE MORTGAGE CORPORATION, QUANTUM SERVICING CORPORATION, WATERFALL VICTORIA MASTER FUND LIMITED, AND FIRST OPTION MORTGAGE, Appellees Based on the Court=s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees, Mortgage Electronic Registration Systems, Inc., as Nominee for Resmae Mortgage Corporation, Resmae Mortgage Corporation, Quantum Servicing Corporation, Waterfall Victoria Master Fund Limited, and First Option Mortgage, recover their costs of the appeal from appellants, Karey Fay Totten and Kathy Lynn Totten. Judgment entered October 2, 2012. /Jim Moseley/ JIM MOSELEY JUSTICE Comment [COMMENT3]: Judgment - Sent out with Opinion to Internet
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
