Opinion issued November 25, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00478-CV
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MADHURI BONDYOPADHYAY AND PROBIR K. BONDYOPADHYAY,
Appellant
V.
BANK OF NEW YORK MELLON FKA BANK OF NEW YORK, AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.
ASSET BACKED CERTIFICATES, SERIES 2007-SEA2, Appellee
On Appeal from the 157th District Court
Harris County, Texas
Trial Court Case No. 2013-17412
MEMORANDUM OPINION
Appellants, Madhuri Bondyopadhyay and Probir K. Bondyopadhyay, have
appealed from a “Home Equity Foreclosure Order,” signed by the trial court on
June 12, 2014. By its order, the trial court granted the application for a home
equity foreclosure order of appellee, Bank of New York Mellon fka Bank of New
York, as Trustee for the Certificateholders of the CWABS, Inc. Asset Backed
Certificates, Series 2007-SEA2. See TEX. R. CIV. P. 735, 736.1.
Under Texas Rule of Civil Procedure 736.8, an order granting an application
for a home equity foreclosure order “is not subject to a motion for rehearing, new
trial, bill of review, or appeal.” TEX. R. CIV. P. 736.8(c). “Any challenge to a Rule
736 order must be made in a suit filed in a separate, independent, original
proceeding in a court of competent jurisdiction.” Id. Accordingly, we notified
appellants that the Court might dismiss the appeal unless, within fourteen days of
the notice, they provided a detailed explanation showing that we have jurisdiction
over the appeal. See TEX. R. APP. P. 42.3. Appellants responded, indicating that
they have filed a new case in the trial court.
The June 12, 2014 order from which appellants have appealed to this Court
grants appellee’s home equity foreclosure application under Rule 736. Because a
Rule 736 order is not appealable, we lack jurisdiction over the appeal. See TEX. R.
CIV. P. 736.8; Johnson v. Residential Funding Real Estate Holdings, Inc., No. 01-
10-00287-CV, 2011 WL 2418516, at *1 (Tex. App.—Houston [1st Dist.] May 26,
2011, no pet.) (mem. op.) (citing Grant–Brooks v. FV–1, Inc., 176 S.W.3d 933,
933 (Tex. App.—Dallas 2005, pet. denied); Kelso v. CIT Group/Consumer Fin.
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Inc., No. 01–05–00671–CV, 2005 WL 3118182, at *1 (Tex. App.—Houston [1st
Dist.] Nov. 23, 2005, no pet.) (mem.op.); Barriere v. Am. Serv. Mortg. Co., No.
14–10–00617–CV, 2010 WL 3504755, at *1 (Tex. App.—Houston [14th Dist.]
Sept. 9, 2010, no pet.) (mem. op.)). Accordingly, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. 42.3. We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Sharp, and Massengale.
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