Christina R. Gilmore and Lee A. Chumley v. Federal National Mortgage Association and First American Title Insurance Company

• Court: Court of Appeals of Texas
• Decided: December 15, 2010
• Docket: 10-09-00304-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-09-00304-CV

CHRISTINA R. GILMORE AND LEE A. CHUMLEY, Appellants v.

FEDERAL NATIONAL MORTGAGE ASSOCIATION AND FIRST AMERICAN TITLE INSURANCE COMPANY, Appellees

From the 87th District Court Leon County, Texas Trial Court No. 0-07-607A

MEMORANDUM OPINION

In an agreed motion to dismiss appeal of Appellants Christina R. Gilmore and

Lee A. Chumley, and Appellees Federal National Mortgage Association and First

American Title Insurance Company, the parties informed the Court that they have

agreed to dismiss this appeal and jointly request this Court:

A. to set aside the trial court’s judgment on appeal, which consists of: (1) an “Order on Defendant Federal National Mortgage Association and First American Title Insurance Company’s First Amended Joint No- Evidence and Affirmative Motion for Summary Judgment against Plaintiff, signed on June 19, 2009;

(2) an “Order on Defendant Federal National Mortgage Association and First American Title Insurance Company’s First Amended Joint No- Evidence and Affirmative Motion for Summary Judgment against Intervenor, signed on June 19, 2009; and

(3) an “Order on Plaintiff and Intervenor’s Motion for New Trial, signed on August 27, 2009, which severed and designated as a separate cause the matters at issue in this appeal.

B. to remand the case to the trial court for rendition of judgment in accordance

with the agreement of the parties, namely, entry in the original trial court

cause—the order of severance being set aside—of an Agreed Order of

Dismissal with Prejudice dismissing all claims between the Appellants and

the Appellees.

The motion is granted. See TEX. R. APP. P. 42.1(a)(2)(B). Accordingly, we set

aside the trial court’s judgment, which consists of:

(1) an “Order on Defendant Federal National Mortgage Association and First American Title Insurance Company’s First Amended Joint No- Evidence and Affirmative Motion for Summary Judgment against Plaintiff, signed on June 19, 2009;

(2) an “Order on Defendant Federal National Mortgage Association and First American Title Insurance Company’s First Amended Joint No- Evidence and Affirmative Motion for Summary Judgment against Intervenor, signed on June 19, 2009; and

(3) an “Order on Plaintiff and Intervenor’s Motion for New Trial, signed on August 27, 2009, which severed and designated as a separate cause the matters at issue in this appeal.

Gilmore v. Federal National Mortgage Association Page 2 We remand this case to the trial court for rendition of judgment in accordance

with the agreement of the parties: entry in the original trial court cause of an Agreed

Order of Dismissal with Prejudice dismissing all claims between the Appellants and the

Appellees.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Motion granted; set aside and remanded Order issued and filed December 15, 2010

Gilmore v. Federal National Mortgage Association Page 3