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Debra Lutz and Bruce Lutz v. Litton Loan Servicing, LP as Servicing Agent for Residential Funding Company, LLC, Formerly Known as Residential Funding Corporation

Citation: Not availableDocket: 02-10-00095-CV

Court: Court of Appeals of Texas; August 5, 2010; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Second District of Texas granted the appellants' motion to dismiss in the case of Debra Lutz and Bruce Lutz v. Litton Loan Servicing, LP. The court dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a)(1) and 43.2(f). The costs associated with the appeal are to be borne by the party incurring them, as outlined in Texas Rule of Appellate Procedure 43.4. The decision was delivered by the panel consisting of Chief Justice Livingston and Justices Dauphinot and Gardner on August 5, 2010.

Legal Issues Addressed

Allocation of Costs under Texas Rule of Appellate Procedure 43.4

Application: The costs associated with the appeal are assigned to the party that incurred them, as stipulated by the applicable procedural rule.

Reasoning: The costs associated with the appeal are to be borne by the party incurring them, as outlined in Texas Rule of Appellate Procedure 43.4.

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1) and 43.2(f)

Application: The Court of Appeals granted the appellants' motion to dismiss the appeal, following the specific procedural rules outlined in Texas Rule of Appellate Procedure 42.1(a)(1) and 43.2(f).

Reasoning: The court dismissed the appeal in accordance with Texas Rule of Appellate Procedure 42.1(a)(1) and 43.2(f).