Kawania Lynn v. Nationstar Mortgage LLC D/B/A Mr. Cooper ( 2019 )

Dismissed; Opinion Filed August 28, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00823-CV
KAWANIA LYNN, Appellant
V.
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-03042
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Carlyle
Opinion by Justice Carlyle
By notice of appeal filed July 11, 2019, Kawania Lynn challenges the trial court’s January
11, 2019 final judgment. The notice states the appeal is restricted, see TEX. R. APP. P. 30, but it
fails to comply with the requirements for a restricted appeal under Texas Rule of Appellate
Procedure 25.1(d)(7). On July 19, 2019, and again on August 12, 2019, we directed Lynn to file
an amended notice of appeal that complies with rule 25.1(d)(7). See TEX. R. APP. P. 25.1(d)(7); see
also id. 44.3 (appellate court must not dismiss appeal for formal defects or irregularities without
allowing reasonable time to correct or amend); Grand Prairie Indep. Sch. Dist. v. S. Parts Imports,
Inc., 813 S.W.2d 499, 500 (Tex. 1991) (per curiam) (appellate court may not dismiss appeal when
appellant files wrong instrument without giving appellant opportunity to amend or file correct
instrument). Our August 12th letter cautioned Lynn that failure to comply by August 22, 2019
could result in dismissal of the appeal. See TEX. R. APP. P. 42.3(c). To date, an amended notice of
appeal has not been filed. Accordingly, we dismiss the appeal. See id. 42.3(b), (c).
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
190823F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KAWANIA LYNN, Appellant On Appeal from the 14th Judicial District
Court, Dallas County, Texas
No. 05-19-00823-CV V. Trial Court Cause No. DC-18-03042.
Opinion delivered by Justice Carlyle,
NATIONSTAR MORTGAGE LLC D/B/A Justices Myers and Molberg participating.
MR. COOPER, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 28th day of August, 2019.
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