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Callan v. Deutsche Bank Tr. Co.

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Jun 10, 2016
654 F. App'x 171 (5th Cir. 2016)

Opinion

No. 15-20709

06-10-2016

ELIZABETH CALLAN, Plaintiff - Appellant v. DEUTSCHE BANK TRUST COMPANY AMERICAS, As Trustee for the Certificateholders of Dover Mortgage Capital 2005-a Corporation, Grantor Trust Certificate, Series 2005-A, Defendant - Appellee


Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 4:13-CV-247 Before KING, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------

Elizabeth Callan appeals the district court's denial of her motion to alter or amend a judgment under Rule 59(e). The challenged order of March 21, 2015 declared only that Deutsche Bank's lien and power of sale over Callan's residential property were not barred by the statute of limitations. Both parties now agree that the same lien was released and discharged by the mortgage servicer on November 26, 2014. Because the lien that was the subject of the challenged order no longer exists, neither party has a "personal stake in the outcome" of any additional litigation on this issue. Lewis v. Cont'l Bank Corp., 494 U.S. 472, 478 (1990). We find no case or controversy to address, so this appeal is DISMISSED as moot.


Summaries of

Callan v. Deutsche Bank Tr. Co.

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Jun 10, 2016
654 F. App'x 171 (5th Cir. 2016)
Case details for

Callan v. Deutsche Bank Tr. Co.

Case Details

Full title:ELIZABETH CALLAN, Plaintiff - Appellant v. DEUTSCHE BANK TRUST COMPANY…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Jun 10, 2016

Citations

654 F. App'x 171 (5th Cir. 2016)