Dismissed and Opinion Filed February 1, 2024 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-01139-CV 

NICHOLAS D. MOSSER, Appellant 

V. 

FLAGSTAR BANK, N.A., SELECT PORTFOLIO SERVICING, INC., 

AND FEDERAL HOME LOAN MORTGAGE CORPORATION, Appellees 

On Appeal from the 471st Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 471-06006-2019 

MEMORANDUM OPINION 

Before Justices Partida-Kipness, Pedersen, III, and Garcia 

Opinion by Justice Partida-Kipness 

Before the Court is a motion to dismiss the appeal for want of jurisdiction 

filed by appellees Flagstar Bank, N.A. (Flagstar), Select Portfolio Servicing, Inc. 

(SPS), and Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively 

Appellees). We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a). 

Appellant’s notice of appeal states he appeals “all judgments and orders from 

the trial court signed by Judge Bouressa, including the final judgments on August 

10, 2023[.]” No judgment was signed on August 10, 2023. The order Appellant 
 –2– 

refers to as the August 10, 2023 judgment is an order signed on August 3, 2023 (the 

August 3 Order). The trial court made the following rulings in the August 3 Order: 

(1) granted Flagstar and SPS’s motion for summary judgment as to Appellant’s 

supplemental petition; (2) granted SPS’s summary judgment motion on its 

counterclaims against Appellant; (3) granted Freddie Mac’s summary judgment 

motion on Appellant’s claims against Freddie Mac; and (4) ordered that SPS was 

entitled to foreclose on Appellant’s property. The trial court did not dispose of 

Appellant’s pending claims against First Guarantee Mortgage Corporation (FGMC). 

FGMC is not a party to this appellate proceeding. 

The trial court also ordered that Appellant’s claims against Flagstar, SPS, and 

Freddie Mac and SPS’s counterclaim against Appellant be severed from the original 

cause number 471-06006-2009. The trial court assigned the severed claims a new 

trial court cause number, 471-04378-2023 (the Severed Cause). Appellant’s claims 

against FGMC remained pending in cause number 417-06006-2009 (the Original 

Cause). Appellant’s appeal of the August 3 Order as to the severed claims is the 

subject of appellate cause number 05-23-01140-CV. This appeal, in contrast, 

references and concerns the Original Cause, 471-06006-2019. 

Appellees move to dismiss this appeal for want of jurisdiction because no final 

judgment or appealable interlocutory order has been signed in the Original Cause. 

We agree this Court lacks jurisdiction over this appeal. Appellant’s claims against 

Appellees, and the August 3 Order disposing of those claims, were severed into trial 
 –3– 

court cause number 471-04378-2023. Appellant’s appeal from the August 3 Order 

in the Severed Cause is pending in this Court under appellate cause number 05-23-

01140-CV. This appeal, in contrast, references the Original Cause in which 

Appellant’s claims against FGMC remain pending. No final judgment or appealable 

interlocutory order has been signed in the Original Cause. We, therefore, lack 

jurisdiction over this appeal. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 

272 (Tex. 1992) (appeals may only be taken from final judgments that dispose of all 

parties and claims and interlocutory orders if authorized by statute). 

CONCLUSION 

Although more than ten days have passed since Appellees filed their motion 

to dismiss, Appellant has not filed a response or otherwise disputed Appellees’ 

assertions. Moreover, nothing before us reflects a final judgment or appealable 

interlocutory order has been signed in the Original Cause. Accordingly, with nothing 

before us demonstrating we have jurisdiction over the appeal, we grant Appellees’ 

motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P.

42.3(a)(1). 

231139F.P05 

 

/Robbie Partida-Kipness/

ROBBIE PARTIDA-KIPNESS 

JUSTICE 
 –4– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

NICHOLAS D. MOSSER, Appellant 

No. 05-23-01139-CV V. 

FLAGSTAR BANK, N.A., SELECT 

PORTFOLIO SERVICING, INC., 

AND FEDERAL HOME LOAN 

MORTGAGE CORPORATION, 

Appellees 

 On Appeal from the 471st Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 471-06006-

2019. 

Opinion delivered by Justice PartidaKipness, Justices Pedersen, III and 

Garcia participating. 

 In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

 We ORDER that appellees Flagstar Bank, N.A., Select Portfolio Servicing, 

Inc., and Federal Home Loan Mortgage Corporation recover their costs, if any, of 

this appeal from appellant Nicholas D. Mosser. 

Judgment entered this 1st day of February 2024.