McMahan v. Long Beach Mtge Co

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 17, 2000
• Docket: 99-51001
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ________________________________

No. 99-51001 ________________________________

KENNETH F. McMAHAN; BETTY F. McMAHAN,

Plaintiffs-Appellants, V.

LONG BEACH MORTGAGE COMPANY,

Defendant-Appellee. _____________________________________________

Appeal from the United States District Court For the Western District of Texas SA-98-CV-491-OG _____________________________________________ October 17, 2000

Before WOOD*, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:**

Resolution of the only significant issue presented by this

appeal is controlled by the decision of the Texas Supreme Court in

Stringer v. Cendant Mortgage Corp., 23 S.W.3d 353 (Tex. 2000); see

also Stringer v. Cendant Mortgage Corp., No. 99-40100, 2000 WL

1425121 (5th Cir. Sept. 27, 2000) (per curiam). Accordingly, we

AFFIRM the decision of the United States District Court dismissing

the case.

AFFIRMED.

* Circuit Judge of the Seventh Circuit, sitting by designation. ** Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.