Dismissed; Opinion issued January 15, 2013

In The Qtourt of l\ppenl.s ltifth. 1Bi.strid of wexa.s at 1llnlln.s No. 05-12-00819-CV JULIUS HOLMES, ANTONIO SPENCE~ AND ALL OCCUPANTS OF 3320 PECAN SHADOW WAY, DALLAS, TEXAS, Appellants v. DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R2, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-11-08781-D

MEMORANDUM OPINION Before Chief Justice Wright and Justices Francis and Lang-Miers On November 6, 2012, appellee moved to dismiss this appeal as moot. On November 20, 2012, the Court directed appellant to file a response to the motion to dismiss within ten days. To date, appellant has not filed a response or otherwise communicated with the Court regarding this appeal. Accordingly, we GRANT the motion and DISMISS this appeal.

PER CURIAM

120819F .P05 Qrourt of 1\.pp.eals lJrtft}J 1llistri.ct of ID.exa.s at 1llalla.s JUDGMENT JULIUS HOLMES, ANTONIO SPENCER, Appeal from the County Court at Law No. 4 AND ALL OCCUPANTS OF 3320 PECAN of Dallas County, Texas. (Tr.Ct.No. CC-11- SHADOW WAY, DALLAS, TEXAS, 08781-D).

Appellants Opinion delivered per curiam before Chief Justice Wright and Justices Francis and No. 05-12-00819-CV V. Lang-Miers.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERJQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R2, Appellee Based on the Court's opinion of this date, this appeal is DISMISSED. Appellee is ORDERED to recover its costs of this appeal from appellants.

15_•_2_0_1_3_ _ _ _ _ __ Judgment entered _ _ _J_a_n_u_a_r_Y_