Brian W. Justice v. Wells Fargo Bank, National Association, on Behalf of the Registered Holders of Bear Stearns Asset Backed Securities I Trust 2007-AC2, Asset-Backed Certificates, Series 2007-AV2

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-19-00101-CV

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BRIAN W. JUSTICE, Appellant V.

WELLS FARGO BANK, NATIONAL ASSOCIATION, ON BEHALF OF THE REGISTERED HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-AC2, ASSET-BACKED CERTIFICATES, SERIES 2007-AV2, Appellee

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On Appeal from the 410th District Court Montgomery County, Texas

Trial Cause No. 18-05-06155-CV

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MEMORANDUM OPINION

On December 12, 2019, this Court issued its opinion and judgment affirming the trial court’s judgment. The appellant, Brian W. Justice, and the appellee, Wells Fargo Bank, National Association, on Behalf of the Registered Holders of Bear Stearns Asset Backed Securities I Trust 2007-AC2, Asset-Backed Certificates,

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Series 2007-AV2, jointly filed a motion to dismiss the appeal and announced that they had settled this matter. The parties jointly requested that our prior opinion be withdrawn. The motion is voluntarily made by the parties before our plenary power over the judgment expired and should be granted. See Tex. R. App. P. 19.1, 42.1(a)(2). Accordingly, we withdraw our opinion and judgment of December 12, 2019, substitute this opinion, and issue a new judgment. The motion to dismiss is granted and the appeal is dismissed.

APPEAL DISMISSED.

PER CURIAM

Submitted on October 22, 2019 Opinion Delivered February 6, 2020

Before McKeithen, C.J., Kreger and Johnson, JJ.