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Cooper v. Bank of N.Y. Mellon

Court of Appeals Fifth District of Texas at Dallas
Apr 3, 2019
No. 05-19-00064-CV (Tex. App. Apr. 3, 2019)

Opinion

No. 05-19-00064-CV

04-03-2019

JAY COOPER, Appellant v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, ET AL., Appellee


On Appeal from the County Court at Law No. 6 Collin County, Texas
Trial Court Cause No. 006-02636-2018

ORDER

Before the Court are appellant's "Emergency Opposed Plea in Abatement" and appellant's "Emergency Opposed Motion for Temporary Stay." We DENY the motions. This Court's January 24, 2019 stay order, however, remains in effect.

Also before the Court is the April 1, 2019 order from the Honorable Corinne A. Mason denying appellant permission to file a notice of appeal. As noted by appellant in his emergency filing, section 11.102(f) of the Texas Civil Practice and Remedies Code provides that appellant may seek mandamus relief from the April 1, 2019 order by filing a petition for writ of mandamus with this Court "not later than the 30th day after the date of the decision" denying permission to file a notice of appeal. TEX. CIV. PRAC. & REM. CODE § 11.102(f). We caution appellant that the Court will dismiss this appeal for want of jurisdiction if appellant fails to file a petition for writ of mandamus in this Court pursuant to section 11.102(f) by May 1, 2019.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE


Summaries of

Cooper v. Bank of N.Y. Mellon

Court of Appeals Fifth District of Texas at Dallas
Apr 3, 2019
No. 05-19-00064-CV (Tex. App. Apr. 3, 2019)
Case details for

Cooper v. Bank of N.Y. Mellon

Case Details

Full title:JAY COOPER, Appellant v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 3, 2019

Citations

No. 05-19-00064-CV (Tex. App. Apr. 3, 2019)