Ladeitra Steward v. La Frontera South Phase One and the Villas of La Frontera South Phase One Homeowners Association ( 2019 )

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
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