in Re: Order for Foreclosure Concerning 2112 Brenham Drive McKinney, TX 75072 Under Tex. R. Civ. Proc. 736 and Futing Yu

• Court: Court of Appeals of Texas
• Decided: June 9, 2022
• Docket: 05-22-00179-CV
• Status: Published

Opinion

Dismiss and Opinion Filed June 9, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00179-CV

IN RE: ORDER FOR FORECLOSURE CONCERNING 2112 BRENHAM DRIVE MCKINNEY, TX 75072 UNDER TEX. R. CIV. PROC. 736 AND FUTING YU

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-02818-2021

MEMORANDUM OPINION Before Justices Myers, Carlyle, and Goldstein Opinion by Justice Myers This is an appeal from the trial court’s order granting appellee Hidden Creek

Community Association, Inc.’s application, under Texas Rule of Civil Procedure

736, for an order to proceed with a foreclosure sale of appellant Futing Yu’s

property. See TEX. R. CIV. P. 736.1, 736.8. Because an order granting an application

under rule 736 is not an appealable order, see id. 736.8(c), we questioned our

jurisdiction over the appeal. Although we gave appellant an opportunity to show

cause why the appeal should not be dismissed and cautioned that failure to respond

by April 11, 2022 could result in dismissal of the appeal without further notice,

appellant has not responded. Accordingly, on the record before us, we dismiss the appeal. See id.; see also Grant-Brooks v. FV-1, Inc., 176 S.W.3d 933, 933 (Tex.

App.—Dallas 2005, pet. denied) (granting, on jurisdictional grounds, appellee’s

motion to dismiss appeal from order granting rule 736 application).

220179f.p05 /Lana Myers// LANA MYERS JUSTICE

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

IN RE: ORDER FOR On Appeal from the 219th Judicial FORECLOSURE CONCERNING District Court, Collin County, Texas 2112 BRENHAM DRIVE Trial Court Cause No. 219-02818- MCKINNEY, TX 75072 UNDER 2021. TEX. R. CIV. PROC. 736 AND Opinion delivered by Justice Myers, FUTING YU Justices Carlyle and Goldstein participating. No. 05-22-00179-CV

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

Judgment entered this 9th day of June 2022.

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