Opinion

Harold Earl Wilson v. Deutsche Bank Trust Company Americas Formerly Known as Banker's Trust Company, as Trustee and Custodian for IXIS 2006-HE2

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Nov 16, 2012
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Harold Earl Wilson v. Deutsche Bank Trust Company Americas

formerly known as Banker's Trust Company, as Trustee and Custodian

for IXIS 2006-HE2

Appellate case number: 01-12-00284-CV

Trial court case number: 2007-71999A

Trial court: 133rd District Court of Harris County

The clerk’s record was due in this case on March 29, 2012. See TEX. R. APP. P. 35.1. On

September 26, 2012, the Clerk of this Court provided notice to the Harris County District Clerk

that the clerk’s record was late and provided the district clerk with a deadline of October 26,

2012 for filing the clerk’s record, requesting an extension of time, or providing a reason why the

district clerk was not obligated to file the clerk’s record. The Harris County District Clerk

wholly failed to respond to said notice.

Therefore, pursuant to Texas Rule of Appellate Procedure 37.3(a)(1), the district clerk is

ordered to either (1) file the clerk’s record or (2) notify this Court if the party responsible for

paying for the preparation of the clerk’s record is not entitled to appeal without paying the

clerk’s fee, i.e., is not indigent, and has not paid, or made satisfactory arrangements to pay, the

clerk’s fee. See TEX. R. APP. P. 35.3(a), 37.3(a)(1). If the trial court has sustained by written

order a contest to a party’s affidavit of indigence, please prepare, certify, and file with the clerk

of this Court a clerk’s record containing the affidavit of indigence, the contest, and the written

order sustaining the contest. See TEX. R. APP. P. 20.1.

The clerk’s record or notice of appellant’s failure to make satisfactory payment

arrangements shall be filed in the First Court of Appeals within 10 days of the date of this order.

It is so ORDERED.

Judge’s signature: /s/ Justice Brown

 Acting individually  Acting for the Court

Date: November 16, 2012

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.