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Nancy Alanis v. U.S Bank National Association, as Successor Trustee to Bank of America, National Association, as Successor by Merger to Lasalle Bank, M.A., as Trustee for the MLMI Trust Series 2006-He6, Nationstar Mortgage, LLC D/B/A Mr. Cooper

Citation: Not availableDocket: 04-21-00021-CV

Court: Court of Appeals of Texas; September 15, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Nancy Alanis filed motions for rehearing and en banc reconsideration regarding her case against U.S. Bank National Association and Nationstar Mortgage, LLC. Both motions exceeded the word limit set by Texas Rules of Appellate Procedure, specifically the maximum of 4,500 words, with the filed motions totaling 11,123 words each. As a result, the court denied Appellant's request for an extension of the word limit and struck down both motions. The court ordered Appellant to submit amended motions that comply with the applicable rules within ten days of the order. The decision was signed by Justice Patricia O. Alvarez and filed on September 15, 2022.

Legal Issues Addressed

Consequences for Exceeding Word Limits

Application: The court denied the Appellant's request for an extension of the word limit and struck down both motions for non-compliance.

Reasoning: As a result, the court denied Appellant's request for an extension of the word limit and struck down both motions.

Requirement to Amend Non-compliant Filings

Application: The Appellant is ordered to submit amended motions that comply with the word limit rules within a specified timeframe.

Reasoning: The court ordered Appellant to submit amended motions that comply with the applicable rules within ten days of the order.

Word Limit for Appellate Motions

Application: The court enforces strict adherence to the word limit for appellate motions as set by the Texas Rules of Appellate Procedure.

Reasoning: Both motions exceeded the word limit set by Texas Rules of Appellate Procedure, specifically the maximum of 4,500 words, with the filed motions totaling 11,123 words each.