Lynn Woodham v. US Bank National Association ( 2013 )

Dismissal and Opinion Filed June 14, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00275-CV
LYNN WOODHAM, Appellant
V.
US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST
TO WACHOVIA BANK, N.A., AS TRUSTEE FOR MLMI 2005-A8, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-12-06310-B
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Lewis
Opinion by Chief Justice Wright
Lynn Woodham filed this appeal on February 25, 2013, nineteen days after he filed a
“Notice of Removal County Court Proceeding to United States District Court.” By letters dated
March 18, 2013 and April 11, 2013, we directed Woodham to file a letter brief demonstrating
our jurisdiction over the appeal. It appeared, upon the filing of the removal notice, the federal
court obtained exclusive jurisdiction over the case. See 28 U.S.C. § 1446(d); National S.S. Co. v.
Tugman, 106 U.S. 118, 122 (1882); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 84 (Tex.
App.—San Antonio 1996, writ denied). We cautioned Woodham in our April letter that, unless
he filed his letter brief within ten days, we would dismiss the appeal. To date, Woodham has not
responded.
Woodham’s filing of the notice of removal effected the removal and conferred the federal
court with exclusive jurisdiction over the case. See Tugman, 106 U.S. at 122; Stroud, 917
S.W.2d at 84. Because we lack jurisdiction, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
130275F.P05 CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LYNN WOODHAM, Appellant On Appeal from the County Court at Law
No. 2, Dallas County, Texas
No. 05-13-00275-CV V. Trial Court Cause No. CC-12-06310-B.
Opinion delivered by Chief Justice Wright.
US BANK NATIONAL ASSOCIATION, Justices Lang-Miers and Lewis participating.
AS TRUSTEE, SUCCESSOR-IN-
INTEREST TO WACHOVIA BANK, N.A.,
AS TRUSTEE FOR MLMI 2005-A8,
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee US Bank National Association, as Trustee, Successor-in-
Interest to Wachovia Bank, N.A., as Trustee for MLMI 2005-A8 recover its costs, if any, of this
appeal from appellant Lynn Woodham.
Judgment entered June 14, 2013
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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