Work It Out, LLC. v. Federal National Mortgage Association A/K/A Fannie Mae

Dismissed and Opinion Filed November 4, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00434-CV
WORK IT OUT, LLC., Appellant
V.
FEDERAL NATIONAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE AS
ASSIGNEE OF INTEREST FROM CITIMORTGAGE, INC., Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-09125
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Myers
Opinion by Justice Francis
In this title dispute, Work It Out, LLC, appeals the trial court’s summary judgment
dismissing its claims against Federal National Mortgage Association. In three issues, appellant
complains the trial court erred in dismissing its claims.
After appellant filed its brief, this Court notified it by letter that the brief was deficient
because it did not contain appropriate citations to the record as required by Texas Rules of
Appellate Procedure 38.1(d), (g), and (i). Appellant was given time to cure the deficiency. The
letter warned that failure to file a brief that complied with the appellate rules may result in
dismissal of the appeal. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
Thereafter, appellant filed what appears to be the exact brief as previously filed, again
without any citations to the 302-page clerk’s record, fourteen-page first supplemental clerk’s
record, or the 104-page second supplemental clerk’s record. Appellant’s brief is deficient under
our rules. Although given the opportunity to correct the deficiency, appellant failed to do so.
Accordingly, we dismiss the appeal. See id. 42.3(b), (c); 43.2(f); Bolling v. Farmers Branch
Indep. Sch. Dist., 315 S.W.3d 893, 897 (Tex. App.—Dallas 2010, no pet.); Newman v. Clark,
113 S.W.3d 622, 623 (Tex. App.—Dallas 2003, no pet.) (per curiam).
140434F.P05
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
WORK IT OUT, LLC., Appellant On Appeal from the 191st Judicial District
Court, Dallas County, Texas
No. 05-14-00434-CV V. Trial Court Cause No. DC-12-09125.
Opinion delivered by Justice Francis;
FEDERAL NATIONAL MORTGAGE Justices Bridges and Myers participating.
ASSOCIATION A/K/A FANNIE MAE, AS
ASSIGNEE OF INTEREST FROM
CITIMORTGAGE, INC., Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee Federal National Mortgage Association a/k/a Fannie Mae,
as assignee of interest from CitiMortgage, Inc. recover its costs of this appeal from appellant
Work It Out, LLC.
Judgment entered November 4, 2015.
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