Desiree Thamathitikhun, Phuwadol Thamathitikhun, and All Other Occupants v. The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc., Alternative Loan Trust 2005-73CB Mortgage Pass-Through Certificates, Series 2005-73CB Appeal from County Court at Law No 3 of Smith County (memorandum opinion per curiam)
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NO. 12-17-00327-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS DESIREE THAMATHITIKHUN, PHUWADOL THAMATHITIKHUN, AND ALL OTHER OCCUPANTS, APPELLANTS § APPEAL FROM THE § COUNTY COURT AT LAW NO. 3 § SMITH COUNTY, TEXAS V. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 200573CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-73CB, APPELLEE MEMORANDUM OPINION PER CURIAM Appellants, Desiree Thamathitikhun, Phuwadol Thamathitikhun, and all other occupants, have filed an unopposed motion to dismiss this appeal. The motion states that Appellants no longer desire to pursue the appeal. Accordingly, Appellants’ motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.1(a). Opinion delivered January 24, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JANUARY 24, 2018 NO. 12-17-00327-CV DESIREE THAMATHITIKHUN, PHUWADOL THAMATHITIKHUN, AND ALL OTHER OCCUPANTS, Appellants V. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-73CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-73CB, Appellee Appeal from the County Court at Law No. 3 of Smith County, Texas (Tr.Ct.No. 64129-B) THIS CAUSE came on to be heard on the motion of the Appellants to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
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