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WM Specialty Mortgage, L.L.C., AMC Mortgage Services, Inc. and Ameriquest Mortgage Company v. Rickey Joe Preston and Judy G. Preston

Citation: Not availableDocket: 06-08-00009-CV

Court: Court of Appeals of Texas; February 11, 2008; Texas; State Appellate Court

Original Court Document: View Document

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WM Specialty Mortgage, L.L.C., AMC Mortgage Services, Inc., and Ameriquest Mortgage Company appealed a summary judgment from the 294th Judicial District Court in Van Zandt County, Texas. Upon reviewing the case, the Court of Appeals noted that the judgment did not resolve all issues or parties involved. Consequently, the appellants were asked to clarify the Court's jurisdiction. They subsequently acknowledged that the trial court's judgment was indeed nonappealable due to its failure to address all claims and parties.

The Court emphasized the necessity for a final judgment to completely resolve the controversy, referencing Lehmann v. Har-Con Corp. as precedent. As a result of the judgment's shortcomings, the appeal was dismissed for lack of jurisdiction. The Chief Justice, Josh R. Morriss, III, issued this memorandum opinion on February 12, 2008.

Furthermore, the document briefly touches on another case involving claims of cruel and unusual punishment, noting that failure to raise such issues at the trial court level results in waiver for appellate review. Specific references are made to relevant cases that establish the need for timely objections and the appropriate preservation of claims for appeal. Ultimately, the Court affirmed the trial court's judgment due to the lack of preserved issues for review, with the decision finalized on May 8, 2009. The case was transferred to the Sixth Appellate District as part of a docket equalization effort by the Texas Supreme Court.