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Smith v. Fifth Third Mortg.

Court of Appeals Fifth District of Texas at Dallas
Dec 4, 2013
No. 05-13-00499-CV (Tex. App. Dec. 4, 2013)

Opinion

No. 05-13-00499-CV

12-04-2013

CHERYL LYNN SMITH, Appellant v. FIFTH THIRD MORTGAGE, Appellee


On Appeal from the County Court at Law No. 4

Dallas County, Texas

Trial Court Cause No. CC-13-00845-D


ORDER

This Court dismissed this appeal for want of prosecution on November 5, 2013. On November 22, 2013, after the time for filing a motion for rehearing but prior to the time for obtaining an extension to file such motion, counsel for appellant filed a motion for orders regarding appellate brief. We treat this motion as a motion by counsel to withdraw. We DENY the motion because it does not comply with rule of appellate procedure 6.5(a) & (b). See TEX. R. APP. P. 6.5(a) & (b).

We DENY appellee's November 6, 2013 motion to expedite issuing the mandate. We GRANT appellee's November 6, 2013 motion to release the supersedeas bond in this case only to the extent that the bond shall be released when the mandate issues.

ROBERT M. FILLMORE

JUSTICE


Summaries of

Smith v. Fifth Third Mortg.

Court of Appeals Fifth District of Texas at Dallas
Dec 4, 2013
No. 05-13-00499-CV (Tex. App. Dec. 4, 2013)
Case details for

Smith v. Fifth Third Mortg.

Case Details

Full title:CHERYL LYNN SMITH, Appellant v. FIFTH THIRD MORTGAGE, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 4, 2013

Citations

No. 05-13-00499-CV (Tex. App. Dec. 4, 2013)