David L. Glassel v. Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7
This text of David L. Glassel v. Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7 (David L. Glassel v. Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed Certificates, Series 2006-7) 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
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00360-CV __________________
DAVID L. GLASSEL, Appellant
V.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-7, ASSET-BACKED CERTIFICATES, SERIES 2006-7, Appellee
__________________________________________________________________
On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 24-34143-CV __________________________________________________________________
MEMORANDUM OPINION
In a forcible detainer suit, the trial court granted a judgment for possession in
favor of the plaintiff, Deutsche Bank National Trust Company, as Trustee, in trust
for registered Holders of Long Beach Mortgage Loan Trust 2006-7, Asset-Backed
Certificates, Series 2006-7 (“Deutsche Bank”). David L. Glassel filed a notice of
appeal.
1 On October 23, 2024, the appellate court clerk notified Glassel that his brief
had been received but not filed because the brief did not comply with Rule 38.1 of
the Texas Rules of Civil Procedure, and it lacked the required certificate of service.
See Tex. R. App. P. 9.5(e); 38.1.
On February 12, 2025, the clerk again notified Glassel that on October 23,
2024, his brief had been received but not filed due to defects in the brief, and gave
Glassel until March 14, 2025, to file a compliant amended brief. See id. 38.9(a).
Glassel did not file an amended brief.
On April 7, 2025, the appellate court clerk notified the parties that the brief of
the appellant was past due and had not been filed. The clerk advised the parties that
unless Glassel filed an amended brief by April 17, 2025, the appeal would be
submitted without briefs and warned that submission without briefs may result in
dismissal of the appeal for want of prosecution. See id. 38.8(a); 39.8. Glassel did not
respond to the clerk’s notice.
On May 5, 2025, the Clerk notified the parties that the appeal would be
submitted on the record alone on May 27, 2025. See id. On May 6, 2025, Deutsche
Bank filed a motion to dismiss the appeal. Glassel did not file a response to Deutsche
Bank’s motion to dismiss the appeal.
Glassel failed to comply with notices from the clerk requiring a response
within a specified time. See id. 42.3(c). Glassel failed to prosecute his appeal. Id.
2 42.3(b). We grant Deutsche Bank’s motion to dismiss the appeal
and we dismiss the appeal. See id. 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on May 27, 2025 Opinion Delivered May 29, 2025
Before Golemon, C.J., Johnson and Chambers, JJ.
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