John Robert Argo v. Select Portfolio Servicing, Inc., U.S. Bank National Association, as Trustees

• Court: Court of Appeals of Texas
• Decided: July 16, 2009
• Docket: 14-09-00309-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 16, 2009

Dismissed and Memorandum Opinion filed July 16, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00309-CV

JOHN ROBERT ARGO, Appellant

V.

SELECT PORTFOLIO SERVICING, INC., U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEES, ET AL, Appellees

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2008-37488

M E M O R A N D U M  O P I N I O N

This is an attempted appeal from an order signed March 26, 2009.  The clerk=s record was filed on May 22, 2009. 

On June 24, 2009, appellees filed a motion to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

The order on appeal granted the home equity foreclosure application filed by appellees pursuant to Texas Rule of Civil Procedure 736.  Rule 736(8)(A) provides the granting or denial of an application under Rule 736 Ais not an appealable order.@  Tex. R. Civ. P. 736 (8)(A).  Consequently, we lack jurisdiction over this appeal.  See Grant-Brooks v. FV-1, Inc. 176 S.W.3d 933 (Tex. App. B Dallas 2005, pet. denied).

Appellees= motion is granted and the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan.