Abel Tinoco v. Deutche Bank National Trust CompanyAppeal from County Court at Law No. 1 of Dallas County (memorandum opinion )
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DISMISS; and Opinion Filed July 9, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00626-CV ABEL TINOCO, Appellant V. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5, Appellee On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-12-06315-A MEMORANDUM OPINION Before Justices O Neill, Francis, and Fillmore Opinion by Justice O Neill The Dallas County Clerk s Office informed this Court that the clerk s record had not been filed because appellant had not paid or made arrangements to pay the clerk s fee. By letter dated June 4, 2013, this Court instructed appellant to provide us, within ten days of the date of the letter, with either written verification that appellant has paid or made arrangements to pay the clerk s fee or written documentation that appellant has been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to file the required documentation within the time requested may result in dismissal of the appeal. See TEX. R. APP. P. 37.3(b). As of today s date, the Court has not received any response from appellant. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b); 42.3(b) & (c). /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE 130626F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ABEL TINOCO, Appellant No. 05-13-00626-CV On Appeal from the County Court at Law No. 1, Dallas County, Texas. Trial Court Cause No. CC-12-06315-A. Opinion delivered by Justice O Neill. Justices Francis and Fillmore, participating. V. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5, recover its costs of this appeal from appellant, ABEL TINOCO. Judgment entered this 9th day of July, 2013. /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE 3
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