Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cammack v. The Bank of New York Mellon

Court of Appeals of Texas, Fourth District, San Antonio

April 10, 2019

Susan Rebecca CAMMACK, Appellant
v.
THE BANK OF NEW YORK MELLON f/k/a The Bank of New York as Trustee for the Certificateholders of CWABS 2004-05, Appellee

          From the 216th Judicial District Court, Kerr County, Texas Trial Court No. 17695B The Honorable Stephen B. Ables, Judge Presiding

          Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice

          MEMORANDUM OPINION

          SANDEE BRYAN MARION, CHIEF JUSTICE

         Appellant Susan Rebecca Cammack ("Cammack") appeals the trial court's order granting summary judgment in favor of appellee the Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of CWABS 2004-05 ("Mellon") on Cammack's claims for quiet title, trespass to try title, and declaratory judgment. We affirm the trial court's judgment.

         Background

         In 2004, Cammack and her then-husband Gian Gabrielle Foschini ("Foschini") obtained a $500, 000 home equity loan secured by a lien against real property located in Kerr County ("the Property"). The lien was assigned to Mellon.

         A. The 2011 lawsuit

         In 2011, after Cammack and Foschini defaulted on the home equity loan, Cammack sued Mellon and several other banks in Kerr County District Court alleging the loan was void and requesting declaratory judgment quieting title in her favor ("the 2011 lawsuit"). Mellon asserted counterclaims against Cammack and third-party claims against Foschini seeking foreclosure of the Property. The trial court granted summary judgment in Mellon's favor on all of Cammack's claims. In a separate order, the trial court granted Mellon summary judgment for foreclosure ("the Foreclosure Judgment"). On May 2, 2017, the Kerr County Sheriff conducted a foreclosure sale and sold the Property to Mellon.

         B. The 2017 lawsuit

         In August 2017, Cammack again sued Mellon and the other banks in Kerr County District Court asserting claims for quiet title, trespass to try title, and declaratory judgment ("the 2017 lawsuit"). The 2017 lawsuit was removed to the United States District Court for the Western District of Texas in September 2017. On March 14, 2018, the federal court remanded the case for lack of subject-matter jurisdiction.

         On July 17, 2018, Mellon filed a traditional and no-evidence motion for summary judgment, arguing Cammack's claims are barred by res judicata and collateral estoppel and, in any event, fail on the merits. The trial court granted the motion six days later. Cammack filed a motion to vacate the trial court's judgment on the grounds that the trial court granted summary judgment without first setting a hearing or giving Cammack an adequate opportunity to respond to Mellon's motion. The trial court denied Cammack's motion. Mellon then filed a motion to reconsider the order denying Cammack's motion, stating Mellon was not opposed to the relief Cammack sought and requesting that the trial court set a hearing on the summary judgment motion. On August 31, 2018, the trial court granted Cammack's "motion not in opposition to [Mellon's] motion to reconsider" and set Mellon's motion for summary judgment for hearing on September 13, 2018. Cammack filed a response in opposition to the motion for summary judgment and a plea to the jurisdiction. After a hearing on September 13, 2018, the trial court on September 16, 2018, again granted Mellon's traditional and no-evidence motion for summary judgment. The trial court did not explicitly rule on Cammack's plea to the jurisdiction.

         C. The appeal

         Cammack initially filed a notice of appeal in April 2018, stating she intended to appeal from the "judgment" signed on March 14, 2018 by the federal court. On September 10, 2018, Cammack filed a conditional motion to withdraw the appeal pending the summary judgment hearing scheduled for September 13, 2018. Following the September 13 hearing, Cammack notified this court of her intent to pursue this appeal, and this court permitted Cammack to maintain her right of appeal. Cammack filed her pro se brief on December 28, 2018.[1] On December 31, 2018, this court notified Cammack by letter that while the court would not order re-briefing, Cammack's brief was not in compliance with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.