Cheryl Lynn Smith v. Fifth Third Mortgage

Court of Appeals of Texas

Cheryl Lynn Smith v. Fifth Third Mortgage

Court of Appeals of Texas·Decided December 4, 2013·No. 05-13-00499-CV·Published

Opinion

Order entered December 4, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00499-CV

CHERYL LYNN SMITH, Appellant

V.

FIFTH THIRD MORTGAGE, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-13-00845-D

ORDER This Court dismissed this appeal for want of prosecution on November 5, 2013. On November 22, 2013, after the time for filing a motion for rehearing but prior to the time for obtaining an extension to file such motion, counsel for appellant filed a motion for orders regarding appellate brief. We treat this motion as a motion by counsel to withdraw. We DENY the motion because it does not comply with rule of appellate procedure 6.5(a) & (b). See TEX. R. APP. P. 6.5(a) & (b). We DENY appellee’s November 6, 2013 motion to expedite issuing the mandate. We GRANT appellee’s November 6, 2013 motion to release the supersedeas bond in this case only to the extent that the bond shall be released when the mandate issues.

/s/ ROBERT M. FILLMORE JUSTICE

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Order entered December 4, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00499-CV

CHERYL LYNN SMITH, Appellant

V.

FIFTH THIRD MORTGAGE, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-13-00845-D

ORDER This Court dismissed this appeal for want of prosecution on November 5, 2013. On November 22, 2013, after the time for filing a motion for rehearing but prior to the time for obtaining an extension to file such motion, counsel for appellant filed a motion for orders regarding appellate brief. We treat this motion as a motion by counsel to withdraw. We DENY the motion because it does not comply with rule of appellate procedure 6.5(a) & (b). See TEX. R. APP. P. 6.5(a) & (b). We DENY appellee’s November 6, 2013 motion to expedite issuing the mandate. We GRANT appellee’s November 6, 2013 motion to release the supersedeas bond in this case only to the extent that the bond shall be released when the mandate issues.

/s/ ROBERT M. FILLMORE JUSTICE

Cheryl Lynn Smith v. Fifth Third Mortgage, (Tex. Ct. App. 2013).

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