Kawania Lynn v. Nationstar Mortgage LLC d/b/a Mr. Cooper Appeal from 14th Judicial District Court of Dallas County (memorandum opinion)

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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 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT KAWANIA LYNN, Appellant No. 05-19-00823-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-18-03042. Opinion delivered by Justice Carlyle, Justices Myers and Molberg participating. V. NATIONSTAR MORTGAGE LLC D/B/A 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. –3–

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