Appellate Judges

McGlinchey’s Creditor Rights Associate Daniel Troiano Departs Law Firm and Harriet Nicholson’s Appeal

McGlinchey Stafford request that Mr. Troiano be removed from the Courts E-File system and no longer receive electronic notice of any filings.

See How McGlinchey Stafford Remove Staff from the Court BDF Law Group?

McGlinchey Stafford have removed the associate’s website page from their website and asked the court to update their records in a timely manner.

Unlike the Deutsche Bank v Burke case where BDF’s Jacocks was removed by Hopkins over 15 months late, replacing him with former BDF head of foreclosure litigation, Shelley Luan Douglass, now Shelley Hopkins. Furthermore, Mark Hopkins initial appearance was unlawful and he claimed to be working for a law firm that was dissolved at the time.

LIT notes that BDF Law Group is using the old moniker in this case too, with Gibson listed as counsel for Barrett Daffin…

MAY 13, 2021

McGlinchey and Associate Daniel Trioano Part Ways in Harriet Nicholson Foreclosure Case on Appeal.

MAY 13, 2021

Daniel Troiano’s practice focuses on commercial litigation and consumer financial services litigation in state and federal courts.

He represents mortgage servicers and consumer finance lenders in a wide variety of litigated matters including actions for fraud, wrongful foreclosure, breach of fiduciary duty, unfair competition, negligence, and breach of contract.

His clients include automobile finance companies and financial institutions such as national and state banks, consumer finance companies, credit card issuers, credit unions, thrifts, mortgage banks and lenders, mortgage loan servicers and issuers, and other consumer financial services providers in litigation and arbitration, with a primary focus on defending mortgage lenders and loan servicers in lender liability actions.

Daniel also has experience with insurance litigation, insurance coverage, tort defense, and appellate matters.

During law school, Daniel clerked for the Honorable Ken Tapscott with the Dallas County Court at Law and externed for the Honorable Elizabeth Lang-Miers of the Texas Fifth Court of Appeals.

representative experience

Obtained summary judgment for automobile liability insurance carrier in Texas federal district court in declaratory judgment lawsuit seeking recovery of punitive damages in direct action against carrier.

Defended general liability insurance carrier against declaratory judgment lawsuit in Texas state court for defense costs arising out of a construction defect lawsuit, settling for significantly less than the cost of obtaining summary judgment.

Obtained unanimous jury verdict for defendant in Dallas County in motor vehicle collision lawsuit.

Obtained dismissal of multiple appeals to the Texas Fifth Court of Appeals arising out of state court defamation and premises liability lawsuits.

Daniel P. Troiano
Associate
McGlinchey, Dallas
dtroiano@mcglinchey.com
T(214) 445-2423F(214) 594-1393

Legal Secretary
Angelia D. Foster
afoster@mcglinchey.com
T(214) 445-2428

MOTION TO WITHDRAW
DANIEL P. TROIANO AS COUNSEL OF RECORD

MAY 10, 2021

TO THE HONORABLE COURT OF APPEALS:

Defendants-Appellees, The Bank of New York Mellon fka the Bank of New York as Trustee for the Certificateholders of CWMBS, Inc., CWMBS Reforming

Loan Remic Trust Certificates Series 2005-R2; Melanie Cowan; Bank of America, N.A.; ReconTrust Company, N.A.; and Countrywide Home Loans, Inc. (the “Bank Defendants-Appellees”) respectfully move the Court to withdraw Daniel P. Troiano as counsel of record as follows:

As of May 10, 2021, Daniel P. Troiano (State Bar No. 24106520) will no longer be employed with the law firm McGlinchey Stafford, PLLC.

Therefore, Bank Defendants-Appellees request the withdrawal of Daniel P. Troiano as their counsel.

The law firm of McGlinchey Stafford, PLLC, R. Dwayne Danner and Matthew A. Knox will continue to represent Bank Defendants-Appellees. As such, Bank Defendants-Appellees respectfully request that all notices, service copies of pleadings, and any other documents filed or served in this matter continue to be served R. Dwayne Danner and Matthew A. Knox.

Additionally, Bank Defendants-Appellees and Mr. Troiano respectfully request that Mr. Troiano be removed from the Court’s E-File system and no longer receive electronic notice of any filings made in this appeal.

The withdrawal counsel will cause no delay in this appeal, because McGlinchey Stafford, R. Dwayne Danner and Matthew A. Knox will remain as counsel of record for Bank Defendants-Appellees.

For these reasons, Bank Defendants-Appellees request that Daniel P. Troiano be permitted to withdraw as counsel of record on their behalf.

Respectfully submitted,

By: /s/ R. Dwayne Danner
R. DWAYNE DANNER
State Bar No. 00792443
ddanner@mcglinchey.com
MCGLINCHEY STAFFORD, PLLC
6688 N. Central Expressway, Ste. 400
Dallas, Texas 75206
(214) 445-2445 Telephone
(214) 445-2450 Facsimile

MATTHEW A. KNOX
State Bar No. 24071102
mknox@mcglinchey.com
MCGLINCHEY STAFFORD PLLC
1001 McKinney, Suite 1500
Houston, Texas 77002
Telephone: (713) 520-1900
Facsimile: (713) 520-1025

Counsel for Defendants-Appellees, The Bank of New York Mellon fka the Bank of New York as Trustee for the Certificateholders of CWMBS, Inc., CWMBS Reforming Loan Remic Trust Certificates Series 2005-R2; Melanie Cowan; Bank of America, N.A.; ReconTrust Company, N.A.; and Countrywide Home Loans, Inc.

CERTIFICATE OF CONFERENCE

I hereby certify that on April 30, 2021, I emailed pro se, Harriet Nicholson, regarding the aforementioned motion to withdraw Daniel P. Troiano. The undersigned has received no response from Ms. Nicholson to date regarding her position on the motion.

/s/ R. Dwayne Danner
R. DWAYNE DANNER

CERTIFICATE OF SERVICE

I hereby certify that on May 10, 2021, a copy of the above and foregoing was filed electronically with the Clerk of Court. Notice of this filing has been forwarded to all parties, by operation of the Court’s electronic filing system or, alternatively, as indicated below.

Via eFile.TXCourts.Gov

Harriet Nicholson

2951 Santa Sabina Drive Grand Prairie, Texas 75052
Harrietnicholson@yahoo.com

Plaintiff-Appellant Harriet Nicholson, Pro Se

Via eFile.TXCourts.Gov

Crystal G. Gibson

Barrett Daffin Frappier Turner &
Engel, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001 CrystalR@bdfgroup.com

Attorney for Defendant-Appellee David Stockman

/s/ R. Dwayne Danner
R. DWAYNE DANNER

Tina Alexander Went to the Fifth Circuit With A Maritime Law Firm and She Ended Up on the Titanic

The Panel does not mention the fact that Judges HIgginbotham and Stewart were on the panel for the 2017 appeal against Wells Fargo.

Harriet Nicholson Request to Take Judicial Notice of CFPB v Nationstar Mortgage dba Mr. Cooper

Harriet Nicholson v. Nationstar Mortgage, LLC; Nicholson’s complaint allegations mirrored the case CFPB pursued against Nationstar.

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Judge King sat on another recent appeal panel re internet searches involving Judge Lynn Hughes who looked up a litigant’s company erroneously

McGlinchey’s Creditor Rights Associate Daniel Troiano Departs Law Firm and Harriet Nicholson’s Appeal
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