Tim Schoenbauer v. Deutsche Bank

DISMISS and Opinion Filed November 22, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00900-CV
TIM SCHOENBAUER, Appellant
V.
DEUTSCHE BANK, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-04889
MEMORANDUM OPINION
Before Justices Myers, Schenck, and Carlyle
Opinion by Justice Schenck
On July 22, 2019, the trial court signed an order granting appellee’s application for an
expedited order under rule of civil procedure 736 to proceed with a foreclosure sale of
appellant’s property. See TEX. R. CIV. P. 736. Appellant appeals from this order. Such an order
is not subject to appeal. See TEX. R. CIV. P. 736.8(c); Grant-Brooks v. FV-1, Inc., 176 S.W.3d
933 (Tex. App.—Dallas 2005, pet. denied). Because it appeared this Court lacks jurisdiction
over this appeal, we instructed appellant to file a letter brief addressing our concern with an
opportunity for appellee to respond. The parties complied.
Nothing in appellant’s letter brief demonstrates this Court’s jurisdiction over this appeal.
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
190900F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TIM SCHOENBAUER, Appellant On Appeal from the 134th Judicial District
Court, Dallas County, Texas
No. 05-19-00900-CV V. Trial Court Cause No. DC-19-04889.
Opinion delivered by Justice Schenck.
DEUTSCHE BANK, Appellee Justices Myers and Carlyle participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee DEUTSCHE BANK recover its costs of this appeal from
appellant TIM SCHOENBAUER.
Judgment entered this 22nd day of November, 2019.
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