Jewara O. Dillard v. U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certification Series 2006-BC4

 

 

 

 

 

 

                                               COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                FORT WORTH

 

 

                                        NO. 2-09-262-CV

 

 

JEWARA O. DILLARD                                                           APPELLANT

 

                                                   V.

 

U.S. BANK NATIONAL ASSOCIATION,                                      APPELLEE

AS TRUSTEE FOR THE SPECIALTY

UNDERWRITING AND RESIDENTIAL

FINANCE TRUST MORTGAGE LOAN

ASSET‑BACKED CERTIFICATION SERIES

2006‑BC4

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         FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

 

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                  MEMORANDUM OPINION[1] AND JUDGMENT

 

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Appellant filed a timely notice of appeal from the trial court=s July 29, 2009 judgment.  The trial court subsequently granted appellant=s motion for new trial on August 14, 2009, while it still had plenary jurisdiction over the case.  See Tex. R. Civ. P. 329b(e).

On August 18, 2009, we informed the appellant that it appeared the trial court=s granting of the motion for new trial rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before August 28, 2009, appellant filed a response showing grounds for continuing the appeal.  No response has been received.

Accordingly, on this court=s own motion, we dismiss the appeal as moot.  See Tex. R. App. P. 43.2(f).

PER CURIAM

PANEL:  MEIER, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED:  September 10, 2009



[1]See Tex. R. App. P. 47.4.