Litton Loan Servicing. L.P. and Wells Fargo Bank, N.A. v. James R. Dubbert

Opinion

Opinion issued March 3, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00864-CV

LITTON LOAN SERVICING, L.P. AND WELLS FARGO BANK, N.A., Appellants

V.

JAMES R. DUBBERT, Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 1001802

MEMORANDUM OPINION

The parties have filed a joint motion to dismiss their appeal, asking that we “vacate the trial court’s Order Denying Defendants’ Motion for Continuance of Submission on Plaintiff’s Two Motions for Summary Judgment and the Declaratory Judgment Removing Home Equity Lien from the Title to Plaintiff’s Homestead Property,” “dismiss this case with prejudice to all claims that were brought or that could have been brought in the lawsuit,” “order each party to bear his/its own costs incurred in the case,” “issue its mandate in this appeal concurrently with the order requested herein,” and grant any further necessary relief.  No opinion has issued. 

Accordingly, we grant the motion and dismiss the appeal.  We further, in accordance with the parties’ agreement, vacate “the trial court’s Order Denying Defendants’ Motion for Continuance of Submission on Plaintiff’s Two Motions for Summary Judgment and the Declaratory Judgment Removing Home Equity Lien from the Title to Plaintiff’s Homestead Property” and dismiss “this case with prejudice to all claims that were brought or that could have been brought in the lawsuit.”  We order “each party to bear his/its own costs incurred in the case,” and we further order that the clerk “issue its mandate in this appeal concurrently with the order requested herein.”  See Tex. R. App. P. 18.1; Tex. R. App. P. 42.1(a)(2).  We overrule all other pending motions in this appeal as moot.   

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.