Maria De La Fuente v. The Bank of New York Mellon Trust Company, N.A., as Trustee on Behalf of CWABS Inc., Asset-Backed Certificates Trust 2006-2 by Green Tree Servicing LLC

Summary

The Texas Fifth District Court of Appeals dismissed Maria De La Fuente’s appeal because she failed to pay the filing fee, file the required docketing statement, or provide documentation regarding payment for the clerk’s record. The court ordered the appellee to recover its appellate costs from the appellant.

Holdings

1. An appeal may be dismissed when the appellant fails, after notice and warning, to pay the filing fee, file the required docketing statement, and provide the documentation necessary to obtain the clerk's record.

Questions Presented

1. Whether the appeal should be dismissed because appellant failed to pay the filing fee, file the required docketing statement, and provide documentation concerning payment for or waiver of costs for the clerk's record after receiving notice and warnings.

Disposition

dismissed