William Chu v. Deutsche Bank National Trust Company

Court of Appeals of Texas·Decided December 18, 2013·No. 05-13-00456-CV·Published

Opinion

Dismiss and Opinion Filed December 18, 2013

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00456-CV

WILLIAM CHU, Appellant

V.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATE SERIES 2005-OPT3 AND AMERICAN HOME MORTGAGE SERVICING, INC., Appellees

On Appeal from the 160th Judicial District Court Dallas County, Texas

Trial Court Cause No. 09-13182

MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Bridges

Before the Court is the parties’ joint motion to vacate the trial court’s judgment. The

parties have informed the Court that they have settled their differences. In accordance with their

settlement agreement and request, we grant the parties’ joint motion, vacate the trial court’s

judgment without regard to the merits, dismiss appellant’s causes of action with prejudice to the

re-filing of same, and dismiss all of Deutsche Bank National Trust Company, as Trustee for the

Certificate Holders of Soundview Home Loan Trust 2005-OPT3,

Asset-Backed Certificate Series 2005-OPT3’s causes of action without prejudice to the re-filing

of same. See TEX. R. APP.

P. 42.1(a)(2)(B).

130456F.P05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

WILLIAM CHU, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas.

No. 05-13-00456-CV V. Trial Court Cause No. 09-13182.

Opinion delivered by Justice Bridges.

DEUTSCHE BANK NATIONAL TRUST Justices Fillmore and Lewis, participating. COMPANY, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATE SERIES 2005-OPT3 AND AMERICAN HOME MORTGAGE SERVICING, INC., Appellees

In accordance with this Court’s opinion of this date, the judgment of the trial court is VACATED without regard to the merits, appellant’s causes of action are DISMISSED with prejudice to the re-filing of same, and all of Deutsche Bank National Trust Company, as Trustee for the Certificate Holders of Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificate Series 2005-OPT3’s causes of action are DISMISSED without prejudice to the re- filing of same.

It is ORDERED that the parties bear their own costs of the appeal.

Judgment entered December 18, 2013

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

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Dismiss and Opinion Filed December 18, 2013

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00456-CV

WILLIAM CHU, Appellant

V.

On Appeal from the 160th Judicial District Court Dallas County, Texas

Trial Court Cause No. 09-13182

MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Bridges

Before the Court is the parties’ joint motion to vacate the trial court’s judgment. The

parties have informed the Court that they have settled their differences. In accordance with their

settlement agreement and request, we grant the parties’ joint motion, vacate the trial court’s

judgment without regard to the merits, dismiss appellant’s causes of action with prejudice to the

re-filing of same, and dismiss all of Deutsche Bank National Trust Company, as Trustee for the

Certificate Holders of Soundview Home Loan Trust 2005-OPT3,

Asset-Backed Certificate Series 2005-OPT3’s causes of action without prejudice to the re-filing

of same. See TEX. R. APP.

P. 42.1(a)(2)(B).

130456F.P05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

WILLIAM CHU, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas.

No. 05-13-00456-CV V. Trial Court Cause No. 09-13182.

Opinion delivered by Justice Bridges.

It is ORDERED that the parties bear their own costs of the appeal.

Judgment entered December 18, 2013

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

William Chu v. Deutsche Bank National Trust Company, (Tex. Ct. App. 2013).

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