Luis A. Santiago v. The Bank of New York Mellon, as successor trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2004-2. Novastar Home Equity Loan Asset-Backed Certificates, Series 2004-2, and Ocwen Loan Servicing, LLC Appeal from 296th Judicial District Court of Collin County (memorandum opinion )
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Dismissed and Opinion Filed January 25, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00664-CV LUIS A. SANTIAGO, Appellant V. THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-2, NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-2, AND OCWEN LOAN SERVICING, LLC, Appellees On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-01232-2015 MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Francis Appellant Luis A. Santiago appeals the trial court’s denial of his application for temporary injunction. On January 13, 2016, appellees filed a motion to dismiss the appeal, asserting the appeal is moot because the trial court has rendered final judgment in the case. Attached to the motion is a copy of the trial court’s November 15, 2015 final summary judgment order dismissing Santiago’s claims. If, while on appeal of the granting or denying of the temporary injunction, the trial court renders final judgment, the case on appeal becomes moot. Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991) (per curiam). We must dismiss a case once it becomes moot on appeal. Id. Accordingly, we grant appellees’ motion and dismiss the appeal as moot. 150664F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LUIS A. SANTIAGO, Appellant No. 05-15-00664-CV On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-01232-2015. Opinion delivered by Justice Francis; Justices Bridges and Myers participating. V. THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-2, NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-2, AND OCWEN LOAN SERVICING, LLC, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED as moot. It is ORDERED that appellees THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-2. NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-2, AND OCWEN LOAN SERVICING, LLC recover their costs of this appeal from appellant LUIS A. SANTIAGO. Judgment entered January 25, 2016. –3–
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