debra-lutz-and-bruce-lutz-v-litton-loan-servicing-lp-as-servicing-agent ( 2010 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-095-CV

BARBARA J. LUTZ, DEBRA LUTZ,                                                   APPELLANTS

AND BRUCE LUTZ

                                                             V.

LITTON LOAN SERVICING, LP AS                                                       APPELLEE

SERVICING AGENT FOR RESIDENTIAL

FUNDING COMPANY, LLC, FORMERLY

KNOWN AS RESIDENTIAL FUNDING

CORPORATION

                                                        ----------

FROM THE 17^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION^[1] AND JUDGMENT

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On April 1, 2010, April 13, 2010, and May 5, 2010, we notified appellant Barbara J. Lutz, in accordance with rule of appellate procedure 42.3(c), that we would dismiss her appeal unless the $175 filing fee was paid.  See

Tex. R. App. P. 42.3(c).  Appellant Barbara J. Lutz has not paid the $175 filing fee.  See Tex. R. App. P. 5, 12.1(b).

Because appellant Barbara J. Lutz has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court=s order of August 28, 2007,^[2] we dismiss the appeal of Barbara J. Lutz. See Tex. R. App. P. 42.3(c), 43.2(f).  This case shall hereafter be styled ADebra Lutz and Bruce Lutz v. Litton Loan Servicing, LP as Servicing Agent for Residential Funding Company, LLC, formerly known as Residential Funding Corporation.@

Appellant Barbara J. Lutz shall pay all costs of her appeal, for which let execution issue.  See Tex. R. App. P. 43.4.

PER CURIAM

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: June 10, 2010

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^[1]See Tex. R. App. P. 47.4.

          ^[2]See Supreme Court of Tex., Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Aug. 28, 2007) (listing fees in courts of appeals).