MOTION TO REMAND PAGE 1 

NO. 03-15-00339-CV 

IN THE COURT OF APPEALS 

THIRD JUDICIAL DISTRICT OF TEXAS 

AUSTIN, TEXAS 

BEN MELTON, 

 APPELLANT, 

v. 

CU MEMEBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS, 

F.A., FIRST WESTERN TITLE CO., AND BOB MIMS, 

 APPELLEES. 

Appeal from the 340th Judicial District Court 

Tom Green County, Texas 

Trial Court Case No. C130102 

Hon. Jay Weatherby, presiding 

APPELLEES’ MOTION TO REMAND 

TO THE HONORABLE COURT OF APPEALS: 

 COME NOW Appellees CU Members Mortgage, a division of Colonial 

Savings, F.A. (“Colonial”) and First Western Title Co. (“First Western”) or 

collectively (“Appellees”), and file this Motion to Remand and shows: 

Appellant Ben Melton asserted in the trial court several claims that the 

subject home equity loan was invalid due to alleged violations of the Texas 

ACCEPTED

03-15-00339-CV

13859970

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/17/2016 4:12:21 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/17/2016 4:12:21 PM JEFFREY D. KYLE Clerk
MOTION TO REMAND PAGE 2 

constitution in the origination of the subject home equity loan. CR 219-20. The 

basis for the trial court’s summary judgment ruling rejecting these claims was that 

they were barred by the applicable statute of limitations. CR 54, 264-65. 

Since the trial court entered the subject summary-judgment order, the Texas 

Supreme Court in Wood v. HSBC Bank USA, N.A., No. 14-0714, 2016 Tex. LEXIS 

383, 2016 WL 2993923, at *3 (Tex. May 20, 2016), held that there is no statute of 

limitations that might preclude a home-equity borrower from contending that the 

subject home equity loan is unenforceable due to an alleged violation of the Texas 

constitution in its origination. 

As the trial court did not have the benefit of the Wood opinion when 

considering Appellees’ motion for summary judgment, Appellees recognize that 

this cause should be remanded to the trial court for that purpose. Appellees further 

recognize that the costs on appeal are to be taxed against them. 

WHEREFORE, Appellees request that the Final Judgment from the Trial 

Court be reversed and this cause remanded to the Trial Court for further 

proceedings as indicated above; that the costs on appeal be charged against 

Appellees; and for such other relief to which the Appellees may be entitled. 
MOTION TO REMAND PAGE 3 

 Respectfully submitted, 

By: /s/ Mark D. Cronenwett 

 MARK D. CRONENWETT

 Texas Bar No. 00787303 

mcronenwett@mwzmlaw.com 

 

Mackie Wolf Zientz & Mann, PC 

14160 N. Dallas Parkway, Suite 900 

Dallas, Texas 75254 

(214) 635-2650 

(214) 635-2686 (Fax) 

Attorneys for Appellees CU Members 

Mortgage, a Division of Colonial 

Savings, F.A. and First Western Title 

Co. 

CERTIFICATE OF CONFERENCE 

I hereby certify that I conferred with Gregory Sherwood, Counsel for 

Appellant Ben Melton, regarding this Motion and Appellant is opposed to the 

granting of the relief requested herein for the reason that Appellant disagrees with 

Appellees’ intent to ask the trial court to retain the moneys deposited as 

supersedeas in this matter following remand. 

/s/ Mark D. Cronenwett___________ 

MARK D. CRONENWETT

 
MOTION TO REMAND PAGE 4 

CERTIFICATE OF SERVICE 

I hereby certify that on the 17th day of November, 2016, a true and correct 

copy of the foregoing was served via the state electronic filing service to the 

counsel of record listed below: 

Gregory Sherwood 

P O Box 200613 

Austin, Texas 78720-0613 

gsherwood@mail.com

Attorney for Appellant 

/s/ Mark D. Cronenwett___________ 

MARK D. CRONENWETT