Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: NOT DESIGNATED FOR PUBLICATION PENZATO , J. This matter comes before us following the filing by Webeland, Inc. ("Webeland") of an ex parte motion to dismiss without prejudice, pursuant to La. C.C.P. article 561, a petition for executory process filed on May 4, 2009, by Deutsche Bank National Trust Company, as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH3, Asset Backed Pass-Through Certificates, Series 2007-CH3 ("Deutsche Bank"), against Vickie Sue Keen, wife of/and Clifford La
Summary: NOT DESIGNATED FOR PUBLICATION PENZATO , J. This matter comes before us following the filing by Webeland, Inc. ("Webeland") of an ex parte motion to dismiss without prejudice, pursuant to La. C.C.P. article 561, a petition for executory process filed on May 4, 2009, by Deutsche Bank National Trust Company, as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH3, Asset Backed Pass-Through Certificates, Series 2007-CH3 ("Deutsche Bank"), against Vickie Sue Keen, wife of/and Clifford Lan..
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NOT DESIGNATED FOR PUBLICATION
PENZATO, J.
This matter comes before us following the filing by Webeland, Inc. ("Webeland") of an ex parte motion to dismiss without prejudice, pursuant to La. C.C.P. article 561, a petition for executory process filed on May 4, 2009, by Deutsche Bank National Trust Company, as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH3, Asset Backed Pass-Through Certificates, Series 2007-CH3 ("Deutsche Bank"), against Vickie Sue Keen, wife of/and Clifford Lane Keen, Jr.
The trial court did not grant the motion ex parte, but assigned it for hearing. Following the hearing, the trial court granted the motion to dismiss and signed a judgment dismissing the petition without prejudice on May 6, 2015.
On May 15, 2015, Deutsche Bank filed a motion for new trial, which was granted. A judgment granting the motion for new trial was signed August 25, 2015. Webeland sought supervisory writs, and on April 6, 2016, the writ was granted and the order of the trial court granting the motion for new trial was reversed. Deutsche Bank's application for rehearing was denied.
Deutsche Bank then appealed the May 6, 2015 judgment. Webeland filed a motion to dismiss the appeal, which was referred to the panel to which the appeal was assigned. On December 19, 2016, Deutsche Bank filed exceptions of no right of action and no cause of action. Oral argument for the appeal was docketed for April 25, 2017. However, while the matter was pending before this court, Deutsche Bank filed a notice to the court of settlement in principle and motion to continue oral argument. By order dated April 24, 2017, the motion was denied, and the matter was submitted on briefs on April 25, 2017, in lieu of oral argument on that date.
On June 14, 2017, Deutsche Bank filed a motion to dismiss the appeal, advising that the parties to the appeal had executed the settlement agreement reached in principle, resolving their disputes. Because the underlying dispute has been resolved, we hereby grant Deutsche Bank's motion to dismiss the appeal in accordance with Uniform Rules, Courts of Appeal, Rule 2-16.2 (A)(3). Baxter v. Scott, 2003-2013 (La. 11/14/03), 860 So.2d 535 (per curiam). All pending ancillary matters are also dismissed as moot. Appeal costs are assessed to Deutsche Bank.
APPEAL DISMISSED.
