DHI Holdings, LP v. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3, Mortgage Pass-Through Certificates, Series 2006-He3 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3 And Specialized Loan Servicing, LLC

• Court: Court of Appeals of Texas
• Decided: March 8, 2022
• Docket: 14-19-00991-CV
• Status: Published

Opinion

Motion for Rehearing Granted, Relief Denied, and Supplemental Majority and Dissenting Opinions on Rehearing filed March 8, 2022.

In The

Fourteenth Court of Appeals

NO. 14-19-00991-CV

DHI HOLDINGS, LP, Appellant V.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE3; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3; AND SPECIALIZED LOAN SERVICING, LLC, Appellees

On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2018-06668

SUPPLEMENTAL DISSENTING OPINION ON REHEARING

For the reasons stated in my dissent on original submission, I would grant the relief requested in appellant’s motion for rehearing. See DHI Holdings, LP v. Deutsche Bank Nat’l Tr. Co. as Tr. for Morgan Stanley ABS Capital I Inc. Tr. 2006- HE3, Mortgage Pass-Through Certificates, Series 2006-HE3, No. 14-19-00991-CV, 2021 WL 5071472, at *5 (Tex. App.—Houston [14th Dist.] Nov. 2, 2021, no pet. h.) (Zimmerer, J., dissenting).

/s/ Jerry Zimmerer Justice

Panel consists of Justices Bourliot, Zimmerer, and Spain (Spain, J., Majority).