Estela Martinez v. Bayview Loan Servicing LLC as Servicer for Bayview Financial Trust Appeal from County Court at Law No. 2 of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed January 5, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01160-CV ESTELA MARTINEZ, Appellant V. BAYVIEW LOAN SERVICING LLC AS SERVICER FOR BAYVIEW FINANCIAL TRUST, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-17-03702-B MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated October 4, 2017, 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 the appeal. Also by postcard dated October 4, 2017, 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 the dismissal of this appeal without further notice. By letter dated November 2, 2017, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or to provide written documentation appellant had been found entitled to proceed without payment of costs within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal 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). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 171160F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ESTELA MARTINEZ, Appellant No. 05-17-01160-CV On Appeal from the County Court at Law No. 2, Dallas County, Texas Trial Court Cause No. CC-17-03702-B. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. BAYVIEW LOAN SERVICING LLC AS SERVICER FOR BAYVIEW FINANCIAL TRUST, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee BAYVIEW LOAN SERVICING LLC AS SERVICER FOR BAYVIEW FINANCIAL TRUST recover its costs of this appeal from appellant ESTELA MARTINEZ. Judgment entered January 5, 2018. –3–
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