Opinion
No. 05-19-00134-CV
03-01-2019
CEDRIC VINCENT, Appellant v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, ON BEHALF OF HOLDERS OF THE ACCREDITED MORTGAGE LOAN TRUST 2007-1 ASSET BACKED NOTES, Appellee
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-13-15276
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Chief Justice Burns
By letter dated February 8, 2019, the Court questioned its jurisdiction over this appeal as it appears there is nothing for this Court to review. We instructed appellant to file, by February 19, 2019, a letter brief addressing our concern and cautioned him that failure to comply may result in dismissal of the appeal without further notice. As of today's date, appellant has not complied.
Generally, this Court has jurisdiction only over appeals from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. Id.
On January 14, 2019, the trial court signed a judgment. Appellant filed a notice of appeal on January 31. On February 4, 2019, within its period of plenary power, the trial court signed an order setting aside the January 14 judgment. See TEX. R. CIV. P. 329b(d). Because the trial court's judgment has been vacated, there is nothing before this Court to review.
We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 190134F.P05
JUDGMENT
On Appeal from the 191st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-13-15276.
Opinion delivered by Chief Justice Burns. Justices Whitehill and Nowell participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered March 1, 2019