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Terrence MacKey v. Wilmington Savings Fund Society, FSB D/B/A Christiana Trust as Trustee for HLSS Mortgage Master Trust for the Benefit of the Holders of the Series 2014-4 Certificates Issued by the HLSS Mortgage Master Trust

Citation: Not availableDocket: 05-16-00251-CV

Court: Court of Appeals of Texas; July 5, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Terrence Mackey's appeal against Wilmington Savings Fund Society was dismissed by the Court of Appeals for the Fifth District of Texas. Mackey's brief was overdue despite receiving extensions, with the final deadline set for June 8, 2016. He failed to file the brief, request further extensions, or communicate with the court. Consequently, the court dismissed the appeal under Texas Rules of Appellate Procedure. The judgment also mandates that Mackey is responsible for the costs of the appeal incurred by the appellee. The judgment was entered on July 5, 2016.

Legal Issues Addressed

Dismissal of Appeal for Failure to Prosecute

Application: The court dismissed the appeal because the appellant, Terrence Mackey, failed to file his brief by the final deadline, did not request further extensions, and did not communicate with the court.

Reasoning: Mackey's brief was overdue despite receiving extensions, with the final deadline set for June 8, 2016. He failed to file the brief, request further extensions, or communicate with the court.

Imposition of Costs for Appeal

Application: The court imposed the costs of the appeal on the appellant, Terrence Mackey, as a result of the dismissal of his appeal.

Reasoning: The judgment also mandates that Mackey is responsible for the costs of the appeal incurred by the appellee.