Paradise Layegh v. Stonebridge Ranch Community Association, Inc ( 2015 )

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
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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S
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.
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