Eddie & Shirley Jones and All Other Occupants v. HSBC Bank USA Natl Association ( 2014 )


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  • Dismissed and Opinion Filed November 5, 2014
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-00079-CV
    EDDIE & SHIRLEY JONES AND ALL OCCUPANTS OF 1012 BIRCHWOOD LANE,
    DESOTO, TX 75115, Appellants
    V.
    HSBC BANK USA NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF
    PEOPLE’S FINANCIAL REALTY MORTGAGE SECURITIES TRUST, SERIES 2006-1,
    MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1 Appellee
    On Appeal from the County Court at Law No. 1
    Dallas County, Texas
    Trial Court Cause No. 13-06600-A
    MEMORANDUM OPINION
    Before Chief Justice Wright and Justices Lang-Miers and Brown
    Opinion by Chief Justice Wright
    This appeal was first dismissed July 31, 2014, after appellants failed to file their brief
    despite being twice directed to do so. See Jones v. HSBC Bank USA Nat’l Ass’n, No. 05-14-
    00079-CV, 
    20014 WL 3778918
    (Tex. App.-–Dallas July 31, 2014, no pet.) (mem. op.).
    Appellants subsequently filed a motion for rehearing which we granted to the extent we
    withdrew our opinion, vacated our judgment associated with that opinion, reinstated the appeal,
    and ordered appellants to file their brief no later than September 10, 2014. On appellant’s
    motion, we subsequently extended that deadline to October 10, 2014. Appellants failed to file
    their brief by that date and by postcard dated October 13, 2014, we directed them to file their
    brief, along with an extension motion, no later than October 23, 2014. Although we cautioned
    them that failure to comply would result in dismissal of the appeal, appellants have yet to
    comply. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c).
    140079F.P05
    /Carolyn Wright/
    CAROLYN WRIGHT
    CHIEF JUSTICE
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    EDDIE D. JONES AND SHIRLEY JONES                     On Appeal from the County Court at Law
    AND ALL OCCUPANTS OF 1012                            No. 1, Dallas County, Texas
    BIRCHWOOD LANE, DESOTO, TX                           Trial Court Cause No. 13-06600-A.
    75115, Appellants                                    Opinion delivered by Chief Justice Wright.
    Justices Lang-Miers and Brown
    No. 05-14-00079-CV          V.                       participating.
    HSBC BANK USA NATIONAL
    ASSOCIATION, AS TRUSTEE FOR THE
    BENEFIT OF PEOPLE’S FINANCIAL
    REALTY MORTGAGE SECURITIES
    TRUST, SERIES 2006-1, MORTGAGE
    PASS-THROUGH CERTIFICATES,
    SERIES 2006-1, Appellee
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    We ORDER that appellee HSBC Bank USA National Association as Trustee for the
    Benefit of People’s Financial Realty Mortgage Securities Trust, Series 2006-1, Mortgage Pass-
    Through Certificates, Series 2006-1 recover its costs, if any, of this appeal from appellants Eddie
    D. Jones, Shirley Jones, all occupants of 1012 Birchwood Lane, Desoto, Texas 75115, and Jackie
    T. Lewis and Roy D. Mitchell as sureties on appellants’ supersedeas bond. After all costs have
    been paid, the obligations of appellants Eddie D. Jones, Shirley Jones, all occupants of 1012
    Birchwood Lane, Desoto, Texas 75115, and Jackie T. Lewis and Roy D. Mitchell as sureties on
    appellants’ supersedeas bond are RELEASED.
    Judgment entered November 5, 2014.
    –3–
    

Document Info

Docket Number: 05-14-00079-CV

Filed Date: 11/5/2014

Precedential Status: Precedential

Modified Date: 10/15/2015