Pace, Derwin v. Bank of AmericaAppeal from County Court at Law No. 3 of Dallas County (memorandum opinion )

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DISMISS and Opinion Filed December 4, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00824-CV DERWIN PACE, Appellant V. BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-12-02794-C MEMORANDUM OPINION Before Justices O Neill, Myers, and Brown Opinion by Justice Myers In an order dated October 1, 2013, the Court informed appellant that his brief was past due and instructed him to file a brief on or before October 21, 2013. We cautioned appellant that his appeal would be dismissed without further notice if he failed to file a brief by that date. As of today s date, appellant has not filed a brief. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). 120824F.P05 /Lana Myers/ LANA MYERS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DERWIN PACE, Appellant No. 05-12-00824-CV On Appeal from the County Court at Law No. 3, Dallas County, Texas. Trial Court Cause No. CC-12-02794-C. Opinion delivered by Justice Myers. Justices O Neill and Brown, participating. V. BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP recover its costs of this appeal from appellant, DERWIN PACE. Judgment entered this 4th day of December, 2013. /Lana Myers/ LANA MYERS JUSTICE 1200824.R.docx 2

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