Case: 16-11275 Document: 00513903628 Page: 1 Date Filed: 03/08/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-11275 Fifth Circuit
Summary Calendar FILED
March 8, 2017
Lyle W. Cayce
GOSBY KING; SHIRLEY KING, Clerk
Plaintiffs-Appellants
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for
Amereiquest Mortgage Securities Inc., Asset-Backed Pass-Through
Certificates, Series 2003-11,
Defendant-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CV-2182
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM:*
The sole issue on appeal in this Texas foreclosure action is whether the
district court reversibly erred when it granted Defendant-Appellee’s motion for
summary judgment, rejecting Plaintiffs-Appellants’ claim that the state’s
applicable four-year statute of limitations bars the instant foreclosure action
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-11275 Document: 00513903628 Page: 2 Date Filed: 03/08/2017
No. 16-11275
and rejecting their insistence that Defendant-Appellee’s defense of abatement
fails for insufficiency of summary judgment evidence. After reviewing the
district court’s Order of July 19, 2016, which granted said motion for summary
judgment, and considering the record on appeal, including the parties’ briefs
and record excerpts, we are satisfied that the Final Judgment of the district
court of that same date should be affirmed for essentially the same reasons set
forth by that court in its Order.
AFFIRMED.
2
Gosby King v. Deutsche Bank Natl Trust Co.
Combined Opinion