Kawania Lynn v. Nationstar Mortgage LLC D/B/A Mr. Cooper

• Court: Court of Appeals of Texas
• Decided: August 28, 2019
• Docket: 05-19-00823-CV
• Status: Published

Opinion

Dismissed; Opinion Filed August 28, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00823-CV

KAWANIA LYNN, Appellant V. NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Appellee

On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-03042

MEMORANDUM OPINION Before Justices Myers, Molberg, and Carlyle Opinion by Justice Carlyle By notice of appeal filed July 11, 2019, Kawania Lynn challenges the trial court’s January

11, 2019 final judgment. The notice states the appeal is restricted, see TEX. R. APP. P. 30, but it

fails to comply with the requirements for a restricted appeal under Texas Rule of Appellate

Procedure 25.1(d)(7). On July 19, 2019, and again on August 12, 2019, we directed Lynn to file

an amended notice of appeal that complies with rule 25.1(d)(7). See TEX. R. APP. P. 25.1(d)(7); see

also id. 44.3 (appellate court must not dismiss appeal for formal defects or irregularities without

allowing reasonable time to correct or amend); Grand Prairie Indep. Sch. Dist. v. S. Parts Imports,

Inc., 813 S.W.2d 499, 500 (Tex. 1991) (per curiam) (appellate court may not dismiss appeal when

appellant files wrong instrument without giving appellant opportunity to amend or file correct

instrument). Our August 12th letter cautioned Lynn that failure to comply by August 22, 2019 could result in dismissal of the appeal. See TEX. R. APP. P. 42.3(c). To date, an amended notice of

appeal has not been filed. Accordingly, we dismiss the appeal. See id. 42.3(b), (c).

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

190823F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

KAWANIA LYNN, Appellant On Appeal from the 14th Judicial District Court, Dallas County, Texas No. 05-19-00823-CV V. Trial Court Cause No. DC-18-03042. Opinion delivered by Justice Carlyle, NATIONSTAR MORTGAGE LLC D/B/A Justices Myers and Molberg participating. MR. COOPER, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 28th day of August, 2019.

–3–