Ali Yazdchi v. Wells Fargo

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Ali Yazdchi v. Wells Fargo Bank, NA

Appellate case number: 01-15-00381-CV

Trial court case number: 2014-23577

Trial court: 215th District Court of Harris County

Appellee, Wells Fargo Bank, NA, has filed a motion to dismiss this appeal and a motion to issue the mandate immediately. See TEX. R. APP. P. 18.1(c), 42.1(a). Wells Fargo states that it could not reach an agreement to dismiss the appeal with appellant, Ali Yazdchi. Yazdchi also filed a response stating that he opposes dismissal. We therefore deny Wells Fargo’s motions to dismiss and to issue the mandate immediately. In his response, Yazdchi requests that we order a refund of funds, vacate the default judgment, and order Wells Fargo to pay attorney’s fees. Such issues may be argued in appellant’s brief. See TEX. R. APP. 38.1(i).

Appellant’s brief is ORDERED filed with this Court no later than 30 days from the date of this order. See TEX. R. APP. P. 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date appellant’s brief is filed. See TEX. R. APP. P. 38.6(b). We further dismiss Yazdchi’s December 21, 2015 motion for extension of time as moot.

It is so ORDERED.

Judge’s signature: /s/ Chief Justice Sherry Radack  Acting individually  Acting for the Court

Date: February 23, 2016