Chris Rodriguez v. US Home Ownership LLC ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00347-CV
Chris RODRIGUEZ,
Appellant
v.
US Home
US HOME OWNERSHIP LLC,
Appellee
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CI01511
Honorable Peter A. Sakai, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: July 22, 2015
DISMISSED FOR LACK OF JURISDICTION
On May 6, 2015, the trial court signed a default order granting an application to proceed
with an expedited foreclosure under Texas Rule of Civil Procedure 736. See TEX. R. CIV. P. 736.
On June 4, 2015, the appellant filed a notice of appeal challenging the trial court’s order. On June
23, 2015, the appellee filed a motion to dismiss this appeal for lack of jurisdiction. Thereafter, on
June 29, 2015, we ordered the appellant to show cause by July 14, 2015, why this appeal should
not be dismissed for lack of jurisdiction. No response has been filed.
04-15-00347-CV
An order granting an application under Rule 736 is not subject to appeal. TEX. R. CIV. P.
736.8(c); Hunter v. Bank of New York Mellon, No. 14-15-00043-CV, 2015 WL 1736341, at *1 (Tex.
App.—Houston [14th Dist.] April 14, 2015, no pet.). Instead, any challenge to a Rule 736 order must
be made in a separate suit in a court of competent jurisdiction. TEX. R. CIV. P. 736.8(c); Hunter,
2015 WL 1736341, at *1. Because a Rule 736 order is not appealable, we lack jurisdiction over this
appeal. See Hunter, 2015 WL 1736341, at *1 (dismissing an attempted appeal from a Rule 736 order
for lack of jurisdiction); Bondyopadhyay v. Bank of New York Mellon, No. 01-14-00478-CV, 2014 WL
6680368, at *1 (Tex. App.—Houston [1st Dist.] Nov. 25, 2014, no pet.) (same).
Appellee’s motion to dismiss this appeal is granted. This appeal is dismissed for lack of
jurisdiction.
PER CURIAM
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