Randall W. Moir v. JP Morgan Chase NA ( 2014 )

DISMISS; and Opinion Filed December 4, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00899-CV
RANDALL W. MOIR, Appellant
V.
JP MORGAN CHASE NA, Appellee
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-04102-2013
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Stoddart
Opinion by Justice Fillmore
Randall Moir appeals the trial court’s order granting the application for expedited
foreclosure of a home equity lien filed by appellee JP Morgan Chase Bank, NA, pursuant to
Texas Rule of Civil Procedure 736.8. Upon review of the clerk’s record, it appeared that the
order from which the appeal was taken was not an appealable order. On August 19, 2014, we
notified appellant by letter that we questioned our jurisdiction over the appeal. We gave
appellant ten days to file a jurisdictional brief explaining how this Court has jurisdiction in light
of the provisions of rule 736.8(c). In response, appellant stated that a rule 736 order is
appealable when “basic legal principles of common law regarding jurisdiction and standing have
been violated.” Thereafter, appellee responded that the appeal should be dismissed for lack of
jurisdiction on the ground the order is not appealable based on the plain language of rule 736.
Appellee noted that appellant has cited no authority in support of his proposition that the order is
appealable.
Appellate courts may review only final judgments or interlocutory orders specifically
made appealable by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
Rule 736.8(c) specifically provides that an order granting or denying an application under rule
736 “is not subject to a motion for rehearing, new trial, bill of review, or appeal” and must be
challenged in a separate, independent, original proceeding in a court of competent jurisdiction.
See TEX. R. CIV. P. 736.8(c); see also Pittman v. Fed. Nat’l Mortg. Ass’n, No. 05-14-00853-CV,
2014 WL 4207154, at *1 (Tex. App. Dallas Aug. 26, 2014, no pet.) (mem. op.) (dismissing
appeal for want of jurisdiction). Here, the order appellant seeks to appeal granted the expedited
home equity foreclosure application filed by appellee pursuant to rule 736.8. The appeal is
precluded by rule 736.8(c). See TEX. R. CIV. P. 736.8(c). The Legislature has provided appellant
a means for challenging the trial court’s order, but that exclusive means is an original proceeding
in a court of competent jurisdiction rather than an appeal to this Court. Because appellant
challenges an unappealable order, we hold that we have no jurisdiction to consider this appeal.
Accordingly, we dismiss this appeal for want of jurisdiction.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
140899F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RANDALL W. MOIR, Appellant On Appeal from the 429th Judicial District
Court, Collin County, Texas
No. 05-14-00899-CV V. Trial Court Cause No. 429-04102-2013.
Opinion delivered by Justice Fillmore,
JP MORGAN CHASE NA, Appellee Justices FitzGerald and Stoddart
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want
of jurisdiction.
It is ORDERED that appellee JP MORGAN CHASE NA recover its costs of this appeal
from appellant RANDALL W. MOIR.
Judgment entered this 4th day of December, 2014.
–3–