Court of Civil Appeals of Texas, 2022

DHI Holdings, LP v. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3, Mortgage Pass-Through Certificates, Series 2006-He3 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3 And Specialized Loan Servicing, LLC

DHI Holdings, LP v. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3, Mortgage Pass-Through Certificates, Series 2006-He3 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3 And Specialized Loan Servicing, LLC
Court of Civil Appeals of Texas · Decided March 8, 2022

DHI Holdings, LP v. Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3, Mortgage Pass-Through Certificates, Series 2006-He3 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-He3 And Specialized Loan Servicing, LLC

Opinion

Motion for Rehearing Granted, Relief Denied, and Supplemental Majority and Dissenting Opinions on Rehearing filed March 8, 2022.

In The Fourteenth Court of Appeals NO. 14-19-00991-CV DHI HOLDINGS, LP, Appellant V. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE3; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3; AND SPECIALIZED LOAN SERVICING, LLC, Appellees On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2018-06668 SUPPLEMENTAL DISSENTING OPINION ON REHEARING For the reasons stated in my dissent on original submission, I would grant the relief requested in appellant’s motion for rehearing. See DHI Holdings, LP v. Deutsche Bank Nat’l Tr. Co. as Tr. for Morgan Stanley ABS Capital I Inc. Tr. 2006- HE3, Mortgage Pass-Through Certificates, Series 2006-HE3, No. 14-19-00991-CV, 2021 WL 5071472, at *5 (Tex. App.—Houston [14th Dist.] Nov. 2, 2021, no pet. h.) (Zimmerer, J., dissenting).

/s/ Jerry Zimmerer Justice

Panel consists of Justices Bourliot, Zimmerer, and Spain (Spain, J., Majority).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.