Duson Alexander v. Deutsche Bank National Trust Company as Trustee and Countrywide Home Loans, Inc.--Appeal from 260th District Court of Orange County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00011-CV _________________ DUSON ALEXANDER, Appellant V. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE AND COUNTRYWIDE HOME LOANS, INC., Appellee ________________________________________________________________________ On Appeal from the 260th District Court Orange County, Texas Trial Cause No. D-070684-C ________________________________________________________________________ MEMORANDUM OPINION On January 21, 2011, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. See Tex. R. App. P. 5. On January 27, 2011, we notified the parties that this appeal would be dismissed for want of prosecution unless arrangements were made for filing the clerk s record or the appellant explained why it needed additional time for filing the record. See Tex. R. App. P. 37.3(b). Duson Alexander, the appellant, did not respond to either notice. 1 Appellant did not pay the filing fee for the appeal and did not pay for the preparation of a clerk s record. Appellant neither filed an affidavit of indigence on appeal nor asserted that he is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for the appellant s failure to pursue the appeal after having been given notice and opportunity to cure, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Opinion Delivered March 10, 2011 Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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