Pace, Derwin v. Bank of America ( 2013 )

DISMISS and Opinion Filed December 4, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00824-CV DERWIN PACE, Appellant V. BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-12-02794-C MEMORANDUM OPINION Before Justices O’Neill, Myers, and Brown Opinion by Justice Myers In an order dated October 1, 2013, the Court informed appellant that his brief was past due and instructed him to file a brief on or before October 21, 2013. We cautioned appellant that his appeal would be dismissed without further notice if he failed to file a brief by that date. As of today’s date, appellant has not filed a brief. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). /Lana Myers/ LANA MYERS 120824F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DERWIN PACE, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas. No. 05-12-00824-CV V. Trial Court Cause No. CC-12-02794-C. Opinion delivered by Justice Myers. BANK OF AMERICA, N.A. AS Justices O’Neill and Brown, participating. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP recover its costs of this appeal from appellant, DERWIN PACE. Judgment entered this 4th day of December, 2013. /Lana Myers/ LANA MYERS JUSTICE 1200824.R.docx –2–