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Rickey B. Newell v. Litton Loan Servicing LLC

Citation: Not availableDocket: 01-12-00710-CV

Court: Court of Appeals of Texas; May 16, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A joint motion to dismiss the appeal was filed by Rickey B. Newell (Appellant) and Litton Loan Servicing LLC (Appellee) in the Court of Appeals for the First District of Texas. The parties indicated they reached an agreement regarding the issues in the case and requested the court either to render judgment based on their agreement or to set aside the trial court's judgment without considering the merits and remand the case for the trial court to render judgment according to their agreement. The court granted the motion, vacated the trial court's judgment without regard to the merits, and remanded the case for further proceedings consistent with the parties' agreement. All other pending motions were dismissed as moot. The opinion was issued by a panel consisting of Justices Keyes, Higley, and Bland.

Legal Issues Addressed

Dismissal of Pending Motions as Moot

Application: All other pending motions in the appellate court were dismissed as moot following the vacatur and remand.

Reasoning: All other pending motions were dismissed as moot.

Joint Motion to Dismiss Appeal

Application: The parties filed a joint motion to dismiss the appeal after reaching an agreement on the issues presented in the case.

Reasoning: A joint motion to dismiss the appeal was filed by Rickey B. Newell (Appellant) and Litton Loan Servicing LLC (Appellee) in the Court of Appeals for the First District of Texas.

Vacatur of Trial Court Judgment Without Regard to Merits

Application: The court vacated the trial court's judgment without considering the merits of the case and remanded it for further proceedings consistent with the parties' agreement.

Reasoning: The court granted the motion, vacated the trial court's judgment without regard to the merits, and remanded the case for further proceedings consistent with the parties' agreement.