Keith Anthony Ramos, M.D., and Zoraly Nunez Ramos v. Nationstar Mortgage, LLC, and Wells Fargo Bank, National Association, as Trustee for Lehman Mortgage Trust Pass-Through Certificates, Series 2007-4 ( 2022 )


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  •                      NUMBER 13-21-00173-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    KEITH ANTHONY RAMOS, M.D.,
    AND ZORALY NUNEZ RAMOS,                                          Appellants,
    v.
    NATIONSTAR MORTGAGE, LLC,
    AND WELLS FARGO BANK,
    NATIONAL ASSOCIATION,
    AS TRUSTEE FOR LEHMAN
    MORTGAGE TRUST PASS-THROUGH
    CERTIFICATES, SERIES 2007-4,                                      Appellees.
    On appeal from the 93rd District Court
    of Hidalgo County, Texas.
    MEMORANDUM OPINION
    Before Chief Justice Contreras and Justices Benavides and Tijerina
    Memorandum Opinion by Justice Tijerina
    Appellants Keith Anthony Ramos, M.D., and Zoraly Nunez Ramos filed a pro se
    notice of appeal regarding an order granting summary judgment in favor of appellees,
    Nationstar Mortgage, LLC, and Wells Fargo Bank, National Association, as Trustee for
    Lehman Mortgage Trust Pass-Through Certificates, Series 2007-4. The appeal was
    abated by this Court on July 1, 2021, because appellants filed a suggestion of bankruptcy
    and notice of automatic stay. See TEX. R. APP. P. 8.2. Since the abatement, there has
    been no activity in this appeal.
    On August 31, 2022, and again on September 19, 2022, the Clerk of the Court
    issued letters directing the parties to file, within ten days, an advisory regarding the status
    of the appeal and, if applicable, a motion to reinstate the appeal or a motion to dismiss
    the appeal. See id. R. 8.3(a). The Clerk advised the parties that the failure to respond
    would result in reinstatement and dismissal of the appeal for want of prosecution. See id.
    R. 42.3(b), (c). Neither appellants nor appellees filed a response to these directives.
    The Court, having examined and fully considered this sequence of events, is of the
    opinion that this appeal should be dismissed. Accordingly, we reinstate the appeal. We
    dismiss this appeal for want of prosecution and because the appellants failed to comply
    with notices from the Clerk requiring a response or other action within a specified time.
    See id. R. 42.3(b), (c).
    JAIME TIJERINA
    Justice
    Delivered and filed on the
    3rd day of November, 2022.
    2
    

Document Info

Docket Number: 13-21-00173-CV

Filed Date: 11/3/2022

Precedential Status: Precedential

Modified Date: 11/7/2022