Chris Rodriguez v. US Home Ownership LLC

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-15-00347-CV

Chris RODRIGUEZ,

Appellant

v.

US Home

US HOME OWNERSHIP LLC,

Appellee

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2015CI01511 Honorable Peter A. Sakai, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Delivered and Filed: July 22, 2015 DISMISSED FOR LACK OF JURISDICTION On May 6, 2015, the trial court signed a default order granting an application to proceed with an expedited foreclosure under Texas Rule of Civil Procedure 736. See TEX. R. CIV. P. 736. On June 4, 2015, the appellant filed a notice of appeal challenging the trial court’s order. On June 23, 2015, the appellee filed a motion to dismiss this appeal for lack of jurisdiction. Thereafter, on June 29, 2015, we ordered the appellant to show cause by July 14, 2015, why this appeal should not be dismissed for lack of jurisdiction. No response has been filed.

04-15-00347-CV

An order granting an application under Rule 736 is not subject to appeal. TEX. R. CIV. P.

736.8(c); Hunter v. Bank of New York Mellon, No. 14-15-00043-CV, 2015 WL 1736341, at *1 (Tex. App.—Houston [14th Dist.] April 14, 2015, no pet.). Instead, any challenge to a Rule 736 order must be made in a separate suit in a court of competent jurisdiction. TEX. R. CIV. P. 736.8(c); Hunter, 2015 WL 1736341, at *1. Because a Rule 736 order is not appealable, we lack jurisdiction over this appeal. See Hunter, 2015 WL 1736341, at *1 (dismissing an attempted appeal from a Rule 736 order for lack of jurisdiction); Bondyopadhyay v. Bank of New York Mellon, No. 01-14-00478-CV, 2014 WL 6680368, at *1 (Tex. App.—Houston [1st Dist.] Nov. 25, 2014, no pet.) (same).

Appellee’s motion to dismiss this appeal is granted. This appeal is dismissed for lack of jurisdiction.

PER CURIAM