Teresa Ward Cooper v. The Bank of New York Mellon f/k/a The Bank of New York as Successor in Interest to JPMorgan Chase Bank, National Association, et al. Appeal from 219th Judicial District Court of Collin County (memorandum opinion)
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DISMISS and Opinion Filed October 24, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00632-CV TERESA WARD, Appellant V. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-RPI, OCWEN LOAN SERVICING, L.L.C., DAVID GARVIN, MICHAEL P. MENTON, MICHAEL R. STEINMARK, GEARY CLINT JONES, INDIVIDUALLY AND AS GOVERNOR OF METRO W. LLC, METRO W. LLC, SHAO-AN WANG, ELMER CHAVEZ, AND NICOLE CHAVEZ, Appellees On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-00556-2021 MEMORANDUM OPINION Before Justices Molberg, Partida-Kipness, and Carlyle Opinion by Justice Molberg The clerk’s record was originally due July 26, 2022. It has not been filed because of non-payment. By orders dated August 4 and August 26, we gave appellant two opportunities to provide either written verification that she has paid or made arrangements to pay the fees for the clerk’s record or written documentation that she is entitled to proceed without payment of costs. We further cautioned appellant that should she fail to provide the requested written verification or documentation related to the clerk’s record, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). As of today’s date, appellant has not complied. Accordingly, we dismiss the appeal for want of prosecution. See id. 220632f.p05 /Ken Molberg// KEN MOLBERG JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT TERESA WARD, Appellant No. 05-22-00632-CV On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 219-005562021. Opinion delivered by Justice Molberg. Justices Partida-Kipness and Carlyle participating. V. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-RPI, OCWEN LOAN SERVICING, L.L.C., DAVID GARVIN, MICHAEL P. MENTON, MICHAEL R. STEINMARK, GEARY CLINT JONES, INDIVIDUALLY AND AS GOVERNOR OF METRO W. LLC, METRO W. LLC, SHAO-AN WANG, ELMER CHAVEZ, AND NICOLE CHAVEZ, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 24th day of October, 2022. –3–
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