Court of Civil Appeals of Texas, 2023

Silver Gryphon, L.L.C. v. the Bank of New York Mellon F/K/A the Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc. Alternative Loan Trust 2005-23CB, Mortgage Pass-Through Certificates, Series 2005-23cB, Mortgage Pass-Through Certificates, Series 2005-23CB

Silver Gryphon, L.L.C. v. the Bank of New York Mellon F/K/A the Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc. Alternative Loan Trust 2005-23CB, Mortgage Pass-Through Certificates, Series 2005-23cB, Mortgage Pass-Through Certificates, Series 2005-23CB
Court of Civil Appeals of Texas · Decided March 21, 2023

Silver Gryphon, L.L.C. v. the Bank of New York Mellon F/K/A the Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc. Alternative Loan Trust 2005-23CB, Mortgage Pass-Through Certificates, Series 2005-23cB, Mortgage Pass-Through Certificates, Series 2005-23CB

Opinion

Opinion issued March 21, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00376-CV ——————————— SILVER GRYPHON, L.L.C., Appellant V. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2005-23CB, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-23CB, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-23CB, Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Case No. 2016-84076

MEMORANDUM OPINION The parties have filed a joint motion to set aside the trial court’s judgment signed on February 17, 2022, without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement.

See TEX. R. APP. P. 42.1(a)(2)(B). We grant the motion. Accordingly, we set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See id. Any other pending motions are dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Kelly and Goodman.

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