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Ratcliff v. Indymac Bank

Court of Appeals of Texas, Ninth District, Beaumont
Aug 12, 2004
No. 09-03-271 CV (Tex. App. Aug. 12, 2004)

Opinion

No. 09-03-271 CV

Submitted on June 11, 2004.

Opinion Delivered August 12, 2004.

On Appeal from the 258th District Court, Polk County, Texas, Trial Cause No. 19,888.

Elihah W. Ratliff, Livingston, TX, pro se.

David L. Rosenberg, Mann Stevens, PC, Houston, TX, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION


IndyMac Bank, F.S.B., as successor in interest to IndyMac Mortgage Holdings Inc., f/k/a INMC Mortgage Holdings Inc., filed suit against Elijah Ratcliff alleging conversion and seeking possession of a manufactured home, described as "a 1998 Redman, Danville, Label/Seal No. PFS0463962, Serial No. 12528971 (the `Collateral')." IndyMac moved for summary judgment and the motion was granted. From that judgment, Ratcliff brings this appeal.

Ratcliff's brief fails to identify a basis for reversing the trial court's judgment. Ratcliff did not offer any summary judgment evidence in response to IndyMac's motion. The day after the judgment was signed, Ratcliff filed "Objections" to the motion. The record does not reflect he did so with leave of the court. See Tex. R. Civ. P. 166a. Regardless, the only evidence attached to the "Objections" is a copy of a certified mail receipt. Ratcliff does not refer this court to any evidence refuting IndyMac's summary judgment evidence of its right to the Collateral. Although Ratcliff contends no "admissible summary judgment evidence" was offered, he does not identify the evidence that was allegedly inadmissible or provide a reason it was inadmissible. See Tex.R.App.P. 38.1(h). Ratcliff's issues are overruled and the judgment of the trial court is AFFIRMED.


Summaries of

Ratcliff v. Indymac Bank

Court of Appeals of Texas, Ninth District, Beaumont
Aug 12, 2004
No. 09-03-271 CV (Tex. App. Aug. 12, 2004)
Case details for

Ratcliff v. Indymac Bank

Case Details

Full title:ELIJAH W. RATCLIFF, Appellant v. INDYMAC BANK, F.S.B., as successor in…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 12, 2004

Citations

No. 09-03-271 CV (Tex. App. Aug. 12, 2004)

Citing Cases

In re Ratcliff

Issues ten through sixteen refer to a civil suit in which we affirmed the judgment. See Ratcliff v. Indymac…