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Parson v. Deutsche Bank

Court of Appeals Fifth District of Texas at Dallas
Mar 30, 2021
No. 05-20-00244-CV (Tex. App. Mar. 30, 2021)

Opinion

No. 05-20-00244-CV

03-30-2021

BRIDGET JEAN BROWN PARSON A/K/A BRIDGET BROWN PARSON A/K/A BRIDGET PARSON, Appellant v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006-1 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-1, Appellee


On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-18302

MEMORANDUM OPINION

Before Justices Schenck, Smith, and Garcia
Opinion by Justice Garcia

After appellant filed her notice of appeal, appellee filed a notice of nonsuit of all its claims. The trial court signed a final order of nonsuit on June 7, 2020 dismissing all claims against appellant.

This appeal was subsequently abated due to appellant's bankruptcy filing. It was reinstated on February 25, 2021. --------

Because appellee's claims against appellant have been dismissed, the Court questioned its jurisdiction over this appeal as it appeared to be moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings); Olley v. HCM, LLC, 449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate courts lack jurisdiction over moot controversies). As requested by the Court, appellant filed a letter brief. She agrees that this appeal should be dismissed. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Dennise Garcia/

DENNISE GARCIA

JUSTICE 200244F.P05

JUDGMENT

On Appeal from the 68th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-19-18302.
Opinion delivered by Justice Garcia. Justices Schenck and Smith participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered March 30, 2021.


Summaries of

Parson v. Deutsche Bank

Court of Appeals Fifth District of Texas at Dallas
Mar 30, 2021
No. 05-20-00244-CV (Tex. App. Mar. 30, 2021)
Case details for

Parson v. Deutsche Bank

Case Details

Full title:BRIDGET JEAN BROWN PARSON A/K/A BRIDGET BROWN PARSON A/K/A BRIDGET PARSON…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 30, 2021

Citations

No. 05-20-00244-CV (Tex. App. Mar. 30, 2021)