Opinion
04-21-00021-CV
10-19-2022
Nancy ALANIS, Appellant v. U.S BANK NATIONAL ASSOCIATION, as successor trustee to Bank of America, National Association, as successor by Merger to Lasalle Bank, M.A., as trustee for the MLMI Trust Series 2006-He6; and Nationstar Mortgage, LLC d/b/a Mr. Cooper, Appellees
From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-01238 Honorable Michael E. Mery, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice (not participating in the decision) Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
ORDER
PER CURIAM
On August 31, 2022, this court issued its opinion and judgment in this appeal. Appellant timely filed a motion for rehearing and a motion for en banc reconsideration. Each motion exceeded the maximum word count. See Tex. R. App. P. 9.4(i)(1), (2)(D). We struck the motions, but we allowed Appellant to file amended motions that complied with the applicable rules. See, e.g., Tex.R.App.P. 9.4, 9.5, 49.1, 49.5.
Appellant timely filed amended motions for rehearing and en banc reconsideration, but again, each exceeded the maximum word count. See Tex. R. App. P. 9.4(i)(1), (2)(D).
On October 6, 2022, we struck the amended motions and noted the deadline to file a motion for rehearing or en banc reconsideration had passed. See Tex. R. App. P. 49.1, 49.5, 49.9.
On October 11, 2022, Appellant filed a motion requesting that we reinstate her amended motion for rehearing and amended motion for en banc reconsideration. Appellant insists that the words in the approximately twenty-seven pages of text that she inserted as "screen shots" should not be counted. We disagree.
"In calculating the length of a document, every word and every part of the document, including headings, footnotes, and quotations must be counted [except for certain excluded parts]." Tex.R.App.P. 9.4(i)(1) (emphasis added). Even if we interpreted Rule 9.4(i)(1) to exclude the approximately twenty-seven pages of pure text inserted as "screen shots," which we do not, Appellant's motions are still more than 5,400 words in length. Contra Tex. R. App. P. 9.4(i)(2)(D) (limiting a motion for rehearing to 4,500 words).
Appellant's October 11, 2022 motion to reinstate her amended motion for rehearing and her amended motion for en banc reconsideration is DENIED. See Tex. R. App. P. 9.4(i)(1), 49.1, 49.5, 49.9.
If Appellant seeks further review, Appellant may file a petition for review with the Supreme Court of Texas. See Tex. R. App. P. 53.1.
It is so ORDERED