Home/Court of Appeals of Texas/Patrick McMorrow and Gail McMorrow v. Branch Banking and Trust Company Mortgage Electronic Registration Systems, Inc., Acting Solely as Nominee for Alethes, LLC And Alethes, LLC

Patrick McMorrow and Gail McMorrow v. Branch Banking and Trust Company Mortgage Electronic Registration Systems, Inc., Acting Solely as Nominee for Alethes, LLC And Alethes, LLC

Court of Appeals of Texas·Decided May 26, 2011·No. 03-11-00180-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00180-CV

Patrick McMorrow and Gail McMorrow, Appellants

v.

Branch Banking and Trust Company, et. al., Appellees

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NO. 10-1301-C26, HONORABLE JAMES E. MORGAN, JUDGE PRESIDING

MEMORANDUM OPINION

After appellee Branch Banking & Trust Company filed a motion to dismiss their

appeal for want of subject-matter jurisdiction and for sanctions, Patrick and Gail McMorrow filed

what is in substance a motion to voluntarily dismiss their appeal, advising that they “have reached

an agreement outside this court.” Branch Banking & Trust has not opposed the McMorrows’

motion. We grant the McMorrows’ motion and dismiss the appeal, see Tex. R. App. P. 42.1(a)(1),

dismiss Branch Banking & Trust’s dismissal motion as moot,1 and deny its motion for sanctions.

__________________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Rose

Dismissed

Filed: May 26, 2011

1 We likewise dismiss as moot Branch Banking & Trust’s request to accelerate this appeal.

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Patrick McMorrow and Gail McMorrow v. Branch Banking and Trust Company Mortgage Electronic Registration Systems, Inc., Acting Solely as Nominee for Alethes, LLC And Alethes, LLC, (Tex. Ct. App. 2011).

Patrick McMorrow and Gail McMorrow v. Branch Banking and Trust Company Mortgage Electronic Registration Systems, Inc., Acting Solely as Nominee for Alethes, LLC And Alethes, LLC (Patrick McMorrow and Gail McMorrow v. Branch Banking and Trust Company Mortgage Electronic Registration Systems, Inc., Acting Solely as Nominee for Alethes, LLC And Alethes, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.