WHITE v. FEDERAL HOME LOAN MORTGAGE CORP.

No. 05-17-00771-CV.

THOMAS WHITE, Appellant, v. FEDERAL HOME LOAN MORTGAGE CORP., Appellee.

Court of Appeals of Texas, Fifth District, Dallas.


Attorney(s) appearing for the Case

Thomas White, for Appellant, Pro se.

Travis H. Gray , for Federal Home Loan Mortgage Corp., Appellee.

Before Chief Justice Wright, Justice Francis, and Justice Stoddart.


MEMORANDUM OPINION

Opinion by Chief Justice CAROLYN WRIGHT.

The filing fee, docketing statement, and clerk's record in this case are past due. By postcard dated July 6, 2017, we notified appellant the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated July 6, 2017, we informed appellant the docketing statement in this case was due. We cautioned appellant that failure to file the docketing statement within ten days might result in the dismissal of this appeal without further notice. By letter dated July 24, 2017, we informed appellant the clerk's record had not been filed because appellant had not paid for the clerk's record. We directed appellant to provide verification of payment or arrangements to pay for the clerk's record or to provide written documentation appellant had been found entitled to proceed without payment of costs within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, provided the required documentation, or otherwise corresponded with the Court regarding the status of this appeal.

Further, appellee filed a motion to dismiss this appeal on July 26, 2017. In the motion, appellee states the appeal is moot because appellant did not supersede enforcement of the trial court's judgment and a writ of possession has been executed. Appellant has not responded to appellee's motion to dismiss.

We dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).1

JUDGMENT

In accordance with this Court's opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee FEDERAL HOME LOAN MORTGAGE CORP. recover its costs of this appeal from appellant THOMAS WHITE.

FootNotes


1. Because the Court is dismissing this appeal for want of prosecution, we do not address the merits of appellee's July 26, 2017 motion to dismiss the appeal because it is moot.

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