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
Docket: 04-21-00021-CV
Court: Court of Appeals of Texas; October 6, 2022; Texas; State Appellate Court
On October 6, 2022, the Fourth Court of Appeals in San Antonio, Texas, addressed the case of Nancy Alanis (Appellant) against U.S. Bank National Association and Nationstar Mortgage, LLC (Appellees). Following the court’s opinion and judgment issued on August 31, 2022, Alanis filed a motion for rehearing and a motion for en banc reconsideration on September 13, 2022, both exceeding the 4,500-word limit set by Texas Rule of Appellate Procedure 9.4. The court denied her request to extend the word limit and struck the original motions.
On September 23, 2022, Alanis submitted amended motions that claimed compliance with the word limit, stating they contained 4,498 words. However, the court found these certifications defective, as the actual length of the argument section exceeded 11,800 words, significantly over the allowable limit. Consequently, the court struck the amended motions as well.
The court noted that no motions for rehearing or en banc reconsideration were pending, and the deadlines for filing such motions had passed (September 15, 2022, for motions and September 30, 2022, for extensions). The court indicated that it would not entertain any further motions for rehearing or reconsideration, advising that any further review should be sought through a petition for review to the Supreme Court of Texas.
