                                      In The

                               Court of Appeals

                    Ninth District of Texas at Beaumont

                              __________________

                              NO. 09-19-00101-CV
                              __________________

                        BRIAN W. JUSTICE, Appellant

                                        V.

  WELLS FARGO BANK, NATIONAL ASSOCIATION, ON BEHALF OF
  THE REGISTERED HOLDERS OF BEAR STEARNS ASSET BACKED
  SECURITIES I TRUST 2007-AC2, ASSET-BACKED CERTIFICATES,
                   SERIES 2007-AV2, Appellee

__________________________________________________________________

                On Appeal from the 410th District Court
                     Montgomery County, Texas
                   Trial Cause No. 18-05-06155-CV
__________________________________________________________________

                          MEMORANDUM OPINION

      On December 12, 2019, this Court issued its opinion and judgment affirming

the trial court’s judgment. The appellant, Brian W. Justice, and the appellee, Wells

Fargo Bank, National Association, on Behalf of the Registered Holders of Bear

Stearns Asset Backed Securities I Trust 2007-AC2, Asset-Backed Certificates,


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Series 2007-AV2, jointly filed a motion to dismiss the appeal and announced that

they had settled this matter. The parties jointly requested that our prior opinion be

withdrawn. The motion is voluntarily made by the parties before our plenary power

over the judgment expired and should be granted. See Tex. R. App. P. 19.1,

42.1(a)(2). Accordingly, we withdraw our opinion and judgment of December 12,

2019, substitute this opinion, and issue a new judgment. The motion to dismiss is

granted and the appeal is dismissed.

      APPEAL DISMISSED.

                                                      PER CURIAM



Submitted on October 22, 2019
Opinion Delivered February 6, 2020

Before McKeithen, C.J., Kreger and Johnson, JJ.




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