Tom and Fatemah Maymand v. Bac Home Loan Servicing LP

Opinion

I)ISMISS; Opinion tiled November 8. 2012

In The uitrt uf \ppia1s Fiftt! itrirt uf at laUa No. 05-12-01364-CV

TOM MEYMAND AND FATEMAH MEYMAND, Appellants

V.

BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LoANS SERVICING, L.P. AND EVERETT FINANCIAL SERVICES, INC., Appellees

On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-13152-D

MEMORANDUM OPINION Before Chief Justice Wright and Justices Francis and Lang-Miers Opinion By Chief Justice Wright

Before the Court is appellees’ October 18. 2012 motion to dismiss the appeal for lack of

jurisdiction. Specifically. appellees contend the trial court’s judgment is interlocutory. Appellants

did not file a response.

Generally, appeals may be taken only from final judgments. See Lehman?? v. Har-Con Corp.

39 S.W.3d 191. 195 (Te. 2001). Ajudgment is final if it disposes of all pending parties and claims.

Id. Orders that do not dispose of all pending parties and claims are interlocutory and, subject to a

few exceptions. unappealable until a final judgment is rendered. id.

Appellants filed their notice of appeal on August 26. 2012. In their notice of appeal. appellants state they are appealing the trial court’s August 5. 201 2 judgment . Appellees tiled a

motion to modift on August 3 1 2012 pointing out to the trial court that their counterclaims remained .

pending. [he trial court rendered an amended judgment on September 8, 2012 vacating itsj udgment

dated August 5. 2012 and ordering that appellants take nothing on their claims. The amended

judgment states that it does not dispose of all claims and all parties and is interlocutory.

Appellees’ counterclaims against appellants remain pending and, thus, there is no appealable

final judgment. Accordingly. we grant appellees motion and dismiss the appeal ibr want of

jurisdiction. Sec Tex. R. App. P. 42.3(a).

CAROLYN WRIG I-UI CHIEI JUSTICE

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JUDGMENT TOM MEYMANI) AM) FATFMAI-l Appeal from the 95th Judicial District Court IvIEYMANI), Appellants of Dallas County, Texas. (Tr.Ct.No. DC-b 13152-D). No. 05-12-01364-CV V. Opinion delivered by Chief Justice Wright. J us tic es F ra ii ci s a 11(1 Lang M icr s. —

BAC hoME LOANS SERVICING, L. P. participating. F/K/A (OUN 1 RYWIDE HOME I OANS SERVICING, L.P. AND EVERETT HNANC IAL SF RVI( S INC AppLilees

Based on the Court’s opinion of this date, the appeal is I)ISMISSED.

it is ORDERED that appellees, BAC Home Loans Servicing. L.P. 17k/a Countrywide Home Loans Servicing. L.P. and Everett Financial Services. Inc.. recover their costs ol the appeal from appellants. Tom Meymand and Fatemah Meymand.

Judgment entered November 8, 2012.

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