Bridget Parson v. US Bank National Association

• Court: Court of Appeals of Texas
• Decided: September 12, 2019
• Docket: 05-14-01586-CV
• Status: Published

Opinion

DISMISS and Opinion Filed September 12, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01586-CV

BRIDGET PARSON, Appellant V. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET-BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES, SERIES 2006-HE7, Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-09716

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Justice Whitehill Bridget Parson appeals from the trial court’s November 20, 2014 order granting U.S. Bank

National Association’s (Bank) Application for an Expedited Order Under Rule 736 on a Home

Equity Loan. See TEX. R. CIV. P. 736. On December 30, 2014, Bank filed a motion to dismiss

this appeal for want of jurisdiction. While that motion was pending, Parson filed a petition for

bankruptcy and this appeal was abated. After being notified that the bankruptcy court had lifted

the automatic stay, the Court reinstated this appeal on May 29, 2019 and instructed Parson to file,

by June 17, 2019, any response to Bank’s motion to dismiss. In the motion to dismiss, Bank asserts that rule 736 expressly disallows appeals from orders

allowing foreclosure under that rule. Rule of civil procedure 736(8)(c) provides that the granting

or denial of an application under rule 736 is not subject to appeal. See TEX. R. CIV. P. 736.8(c);

Grant-Brooks v. FV-1, Inc., 176 S.W.3d 933 (Tex. App.—Dallas 2005, pet. denied). Although

Parson filed a response to the motion to dismiss, she fails to demonstrate how this Court has

jurisdiction over this appeal.

The order Parson seeks to appeal is not appealable. See id. Accordingly, we grant Bank’s

motion and dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Bill Whitehill/ BILL WHITEHILL JUSTICE

141586F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BRIDGET PARSON, Appellant On Appeal from the 101st Judicial District Court, Dallas County, Texas No. 05-14-01586-CV V. Trial Court Cause No. DC-14-09716. Opinion delivered by Justice Whitehill. U.S. BANK NATIONAL ASSOCIATION, Chief Justice Burns and Justice Nowell AS TRUSTEE, AS SUCCESSOR IN participating. INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET-BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES, SERIES 2006-HE7, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered September 12, 2019

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