Opinion
No. 14-04-00636-CV
Memorandum Opinion filed July 29, 2004.
On Appeal from the 295th District Court Harris County, Texas, Trial Court Cause No. 03-45789.
Dismissed.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
This is an attempted restricted appeal from an order to proceed with a foreclosure sale of appellants' home due to a defaulted home equity loan. The order, signed April 19, 2004, was entered under Texas Rule of Civil Procedure 736 concerning the expedited foreclosure of a lien for a home equity loan or a reverse mortgage. The only issue to be determined under Rule 736 is the right of the applicant to obtain an order to proceed with foreclosure. TEX. R. CIV. P. 736(7). "The granting or denial of the application is not an appealable order." TEX. R. CIV. P. 736(8).
On July 9, 2004, appellee filed a motion to dismiss for want of subject matter jurisdiction. Appellants filed no response.
Accordingly, the appeal is ordered dismissed.