In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-20-00397-CV
___________________________
JUDY DELAGARZA AND THOMAS M. DELAGARZA, Appellants
V.
U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF THE CHALET
SERIES IV TRUST, Appellee
On Appeal from the 367th District Court
Denton County, Texas
Trial Court No. 14-04892-367
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion on Rehearing and Order by Chief Justice Sudderth
MEMORANDUM OPINION ON REHEARING AND ORDER
Appellants Judy De La Garza and Thomas M. De La Garza filed a late notice
of appeal, and on January 14, 2021, we granted the motion to dismiss the appeal filed
by Appellee U.S. Bank Trust National Association, as Trustee of the Chalet Series IV
Trust. Appellants then filed a motion for rehearing of the dismissal of their appeal for
want of jurisdiction.
After requesting, receiving, and reviewing a response from Appellee, see Tex. R.
App. P. 49.2, we grant Appellants’ motion for rehearing. We withdraw our prior
January 14, 2021 memorandum opinion, vacate the judgment of dismissal, and order
the appeal reinstated on the court’s docket.
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Delivered: March 25, 2021
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