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Francis v. Mortgage Electronic Registration Systems, Inc.

Court of Appeals of Texas, Fourteenth District

January 16, 2014

JASON FRANCIS, Appellant
v.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., BANK OF AMERICA, N.A. AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ABS CAPITAL I, INC., TRUST 2005-WMC, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-WMC6, Appellees

On Appeal from the 334th District Court Harris County, Texas Trial Court Cause No. 2012-71266.

ORDER

PER CURIAM

This is an appeal from a judgment signed May 17, 2013. The notice of appeal and appellant's affidavit of indigence were filed on June 14, 2013. On June 24, 2013, the Harris County District Clerk filed a contest to appellant's affidavit of inability to pay costs.[1] The Harris County District Clerk also filed a motion for extension of time for a hearing on the contest. The contest was set for submission before the trial court and on September 9, 2013, the trial court signed an order sustaining the district clerk's contest. No motion to review the trial court's order was filed. See Tex. R. App. P. 20.1(j)(1).

Therefore, appellant is ordered to pay the appellate filing fee of $175.00 on or before January 31, 2014, or the appeal will be dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

Further, appellant is directed to pay or make arrangements to pay for the record in this appeal.[2]See Tex. R. App. P. 35.3(a)(2). Unless appellant provides this court with proof of payment for the record on or before January 31, 2014, we will dismiss ...


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