February 20, 2014

JUDGMENT The Fourteenth Court of Appeals KENNETH G. HELMERS, Appellant NO. 14-13-01058-CV V. VANDERBILT MORTGAGE AND FINANCE, INC., ATTORNEY-IN-FACT AND SERVICER FOR THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE, Appellee ________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on November 1, 2013. Having considered the motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by appellant, Kenneth G. Helmers.

We further order this decision certified below for observance.