IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40100
JOE R. STRINGER; DESIREE H. STRINGER,
Plaintiffs-Appellants,
versus
CENDANT MORTGAGE CORPORATION,
doing business as PHH
Mortgage Services Corporation,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
September 27, 2000
Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER*,
District Judge.
PER CURIAM:
On December 22, 1999, we certified the controlling question in
this case to the Texas Supreme Court. 199 F.3d 190 (5th Cir.
1999). The question certified was:
Under the Texas Constitution, may a home equity lender
require the borrower to pay off third-party debt that is
not secured by the homestead with the proceeds of the
loan?
The Texas Supreme Court answered the question in the
affirmative in a unanimous opinion filed June 8, 2000, in turn
*
District Judge of the Eastern District of Louisiana, sitting
by designation.
filed with this court on June 12, 2000. The Texas Supreme Court by
order of August 24, 2000, denied a motion for rehearing. That
order was filed in this court on August 28, 2000. The posed
question having been answered by a final decision of the Texas
Supreme Court, the judgment of the United States District Court
dismissing the case is AFFIRMED.
2