Ladeitra Steward v. La Frontera South Phase One and the Villas of La Frontera South Phase One Homeowners Association

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00266-CV ___________________________

LADEITRA STEWARD, Appellant

V.

LA FRONTERA SOUTH PHASE ONE AND THE VILLAS OF LA FRONTERA SOUTH PHASE ONE HOMEOWNERS ASSOCIATION, Appellees

On Appeal from the 352nd District Court Tarrant County, Texas Trial Court No. 352-305799-19

Before Gabriel, Kerr, and Birdwell, JJ. Memorandum Opinion by Justice Gabriel MEMORANDUM OPINION

Appellant Ladeitra Steward attempts to appeal from the trial court’s June 18,

2019 “Order for Foreclosure.” We notified Steward that because the order did not

appear to be a final judgment or an appealable interlocutory order, we would dismiss

the appeal unless she responded and showed grounds to continue it. See Tex. R. App.

P. 42.3, 44.3. Steward responded but did not show such grounds.

The trial court’s foreclosure order granted by default an application for an

expedited order allowing the foreclosure of a lien under rule 736. Tex. R. Civ. P.

736.1, 736.7, 736.8(a). Such an order is not appealable and may be challenged only “in

a suit filed in a separate, independent, original proceeding in a court of competent

jurisdiction.” Tex. R. Civ. P. 736.8(c); see also Tex. R. Civ. P. 736.11(a). Accordingly,

we do not have jurisdiction over Steward’s attempted appeal and dismiss it for want

of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Hamilton v. Madison Revolving Trust

2017, No. 02-19-00101-CV, 2019 WL 2134100, at *1 (Tex. App.—Fort Worth

May 16, 2019, no pet.) (per curiam) (mem. op.).

/s/ Lee Gabriel

Lee Gabriel Justice

Delivered: August 29, 2019