Summary
holding by analogous reasoning, in a distinct but related context, that "[t]here is no requirement that an abandonment of acceleration be in writing, however, and it is not subject to the statute of frauds since the parties can accomplish abandonment by their actions alone"
Summary of this case from Berry v. Fed. Nat'l Mortg. Ass'nOpinion
Civil Action No. 3:13-CV-3658-M
07-14-2015
GARY WELLS, Plaintiff, v. BANK OF AMERICA, N.A., Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Plaintiff's Motion for Partial Summary Judgment, filed November 5, 2014 (doc. 24), is DENIED, and Defendant's Motion for Summary Judgment and Brief in Support, filed November 7, 2014 (doc. 27) is GRANTED. By separate judgment, Plaintiff's remaining claims will be DISMISSED with prejudice.
SIGNED this 14th day of July, 2015.
/s/_________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS