APPELLANT v. 2004 2CB MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004 2CB APPELLEE FROM OF COUNTY 31 2012 13 2012 42 175 42 175 12 28 2007 42 43 43

Shirlene Davis APPELLANT v. The Bank of New York Mellon fka The Bank of New York as Trustee for The Benefit of The Certificateholders of The Cwalt, Inc., Alternative Loan Trust 2004–2CB, MORTGAGE PASS–THROUGH CERTIFICATES, SERIES 2004–2CB APPELLEE FROM County Court at Law No. 1 OF Tarrant COUNTY On October 31, 2012 and December 13, 2012, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid.  See Tex.R.App. P. 42.3(c).  Appellant has not paid the $175 filing fee.  See Tex.R.App. P. 5, 12.1(b). Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court's order of August 28, 2007,we dismiss the appeal.  See Tex.R.App. P. 42.3(c), 43.2(f). Appellant shall pay all costs of this appeal, for which let execution issue.  See Tex.R.App. P. 43.4.

NO. 02–12–00436–CV

-- January 10, 2013