Charles Whittington and Diane Whittington v. HSBC Bank USA, N.A. as Successor Trustee to Bank of America, N.A.
This text of Charles Whittington and Diane Whittington v. HSBC Bank USA, N.A. as Successor Trustee to Bank of America, N.A. (Charles Whittington and Diane Whittington v. HSBC Bank USA, N.A. as Successor Trustee to Bank of America, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISS and Opinion Filed May 28, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01158-CV
CHARLES WHITTINGTON AND DIANE WHITTINGTON, Appellants V. HSBC BANK USA, N.A. AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01751-2016
MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia This appeal is reinstated. In 2018, we abated this appeal due to Diane
Whittington’s bankruptcy. See TEX. R. APP. P. 8.2. Since the abatement, there has
been no activity in this appeal. The Court conducted an independent review of the
federal Public Access to Court Electronic Records (PACER) system which shows
the debtor was discharged on August 30, 2018.
We notified the parties by letter, requesting they inform the Court of the status
of the bankruptcy and of this appeal. We cautioned that the failure to respond might
result in the appeal being dismissed for want of prosecution. See id. 42.3(b),(c). In response, appellants filed a motion to dismiss the appeal stating that
appellants have settled all claims against appellee and requesting the Court to
dismiss this appeal. We grant appellants’ motion and dismiss this appeal. See id.
42.1(a).
/Dennise Garcia/ DENNISE GARCIA JUSTICE
171158F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
CHARLES WHITTINGTON AND On Appeal from the 429th Judicial DIANE WHITTINGTON, District Court, Collin County, Texas Appellants Trial Court Cause No. 429-01751- 2016. No. 05-17-01158-CV V. Opinion delivered by Justice Garcia. Justices Myers and Partida-Kipness HSBC BANK USA, N.A. AS participating. SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered May 28, 2021
–3–
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Charles Whittington and Diane Whittington v. HSBC Bank USA, N.A. as Successor Trustee to Bank of America, N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-whittington-and-diane-whittington-v-hsbc-bank-usa-na-as-texapp-2021.