Pervaiz Rahman and Raufia Rahman v. Citigroup Mortgage Loan Trust, Inc. Asset-Backed Pass-Through Certificates , Series 2007-AMC3 and U.S. Bank National Association, Trustee Appeal from 14th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed; and Opinion Filed March 23, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01315-CV PERVAIZ RAHMAN AND RAUFIA RAHMAN, Appellants V. CITIGROUP MORTGAGE LOAN TRUST, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-AMC3 AND U.S. BANK NATIONAL ASSOCIATION, TRUSTEE, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-14459 MEMORANDUM OPINION Before Justices Evans, Stoddart, and Boatwright Opinion by Justice Stoddart The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated November 9, 2016, we notified appellant the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of this appeal. Also by postcard dated November 9, 2016, we informed appellant the docketing statement in this case was due. We cautioned appellant that failure to file the docketing statement within ten days might result in a dismissal of this appeal without further notice. By letter dated December 7, 2016, we notified appellants that the Dallas County District Clerk informed the Court that the clerk’s record had not been filed because appellants had not paid or made arrangements to pay for the clerk’s record. We directed appellants to provide verification of payment or arrangements to pay for the clerk’s record or to provide written documentation they had been found entitled to proceed without payment of costs. We cautioned appellants that if the Court did not receive the required documentation within ten days, the Court would dismiss the appeal for want of prosecution without further notice. To date, appellant has not paid the filing fee, provided the required documentation, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Craig Stoddart/ CRAIG STODDART JUSTICE 161315F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT PERVAIZ RAHMAN AND RAUFIA RAHMAN, Appellants No. 05-16-01315-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-14459. Opinion delivered by Justice Stoddart, Justices Evans and Boatwright participating. V. CITIGROUP MORTGAGE LOAN TRUST, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES , SERIES 2007-AMC3 AND U.S. BANK NATIONAL ASSOCIATION, TRUSTEE, Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellees CITIGROUP MORTGAGE LOAN TRUST, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES , SERIES 2007-AMC3 AND U.S. BANK NATIONAL ASSOCIATION, TRUSTEE recover their costs of this appeal, if any, from appellants PERVAIZ RAHMAN AND RAUFIA RAHMAN. Judgment entered this 23rd day of March, 2017. –3–
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