Paradise Layegh v. Stonebridge Ranch Community Association, Inc

Opinion

DISMISS and Opinion Filed August 10, 2015

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00494-CV

PARADISE LAYEGH, Appellant V.

STONEBRIDGE RANCH COMMUNITY ASSOCIATION, INC., Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas

Trial Court Cause No. 219-04491-2014

MEMORANDUM OPINION Before Justices Bridges, Lang, and Schenck Opinion by Justice Bridges This is an appeal from a trial court’s order granting, pursuant to Texas Rule of Civil

Procedure 736.7, the application for expedited foreclosure by default. See TEX. R. CIV. P. 736.7.

Appellee has filed a motion to dismiss the appeal for want of jurisdiction. Appellee contends the

appealed order is not subject to appeal. See TEX. R. CIV. P. 736.8(c). Though given time to

respond to appellee’s motion, appellant has failed to do so.

Rule 736.8(c) provides that an order granting an application for an expedited order

allowing foreclosure is not subject to appeal and that any challenge to a Rule 736 order must be

made in a suit filed in a separate, original proceeding. See id. Because appellant challenges an

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unappealable order, we grant the motion and dismiss the appeal for want of jurisdiction. See

TEX. R. APP. P. 42.3(a).

150494F.P05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE

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Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

PARADISE LAYEGH, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas.

No. 05-15-00494-CV V. Trial Court Cause No. 219-04491-2014.

Opinion delivered by Justice Bridges.

STONEBRIDGE RANCH COMMUNITY Justices Lang and Schenck participating. ASSOCIATION, INC., Appellee

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

It is ORDERED that appellee STONEBRIDGE RANCH COMMUNITY ASSOCIATION, INC., recover its costs of this appeal from appellant PARADISE LAYEGH.

Judgment entered August 10, 2015.