COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § BANK OF NEW YORK f/k/a THE BANK OF NEW YORK AS TRUSTEE FOR § THE CERTIFICATEHOLDERS OF THE No. 08-13-00252-CV CWABS, INC. ASSET BACKED § CERTIFICATES, SERIES 2005-9, Appeal from the § Appellant, 367th Judicial District Court § v. of Denton County, Texas § CHESAPEAKE 34771 LAND TRUST, (TC# 2012-50971-367) § Appellee.

§ JUDGMENT The Court has considered this cause on the record and concludes there was error in the judgment. We therefore reverse the judgment of the court below and remand the cause for further proceedings, in accordance with this Court’s opinion. We further order that Appellant recover from Appellee all costs of this appeal, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 16TH DAY OF JANUARY, 2015.

YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rodriguez, J., and Larsen, Senior Judge Larsen, Senior Judge, Sitting by Assignment