Order entered September 2, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00855-CV
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR
THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I TRUST
2006-NC-5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006 NC5,
Appellant
V.
KINGMAN HOLDINGS, LLC, AS TRUSTEE FOR THE MAHOGANY 1587 LAND
TRUST, Appellee
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-04363-2013
ORDER
The Court has before it Kevin Alaimo’s August 31, 2015 “Motion to Intervene” as an
appellee in this appeal. Appellant opposes Alaimo’s motion to intervene as an appellee. Oral
submission of this appeal is scheduled for September 15, 2015.
We REQUEST appellant to file any response to Alaimo’s motion to intervene on or
before Tuesday, September 8, 2015. See TEX. R. APP. P. 2. Any response to Alaimo’s motion
to intervene shall be limited to addressing the virtual-representation doctrine and factors
concerning the timeliness of Alaimo’s motion to intervene contained in In re Lumbermens
Mutual Casualty Company, 184 S.W.3d 718, 723–28 (Tex. 2006) (orig. proceeding).
We DIRECT the Clerk to forward this order to the attorneys of record for appellant and
appellee, and to attorney for Alaimo, Jeremy T. Brown, Irelan McDaniel, PLLC, 10440 N.
Central Expressway, Suite 800, Dallas, TX 75231.
/s/ ROBERT M. FILLMORE
PRESIDING JUSTICE