Opinion
No. 02-19-00101-CV
05-16-2019
IREKA C. HAMILTON, Appellant v. MADISON REVOLVING TRUST 2017, Appellee
On Appeal from the 352nd District Court Tarrant County, Texas
Trial Court No. 352-304032-18 Before Pittman, Birdwell, and Bassel, JJ.
Memorandum Opinion
MEMORANDUM OPINION
Appellant Ireka C. Hamilton attempts to appeal from a February 22, 2019 order granting the home equity foreclosure application of Appellee Madison Revolving Trust 2017. See Tex. R. Civ. P. 736.1. On March 29, 2019, we notified Appellant of our concern that we lack jurisdiction over this appeal because the order being appealed does not appear to be a final judgment or an appealable interlocutory order. We warned that this appeal was subject to dismissal unless Appellant or any other party filed a response, on or before Monday, April 8, 2019, showing grounds for continuing the appeal. See Tex. R. App. P. 44.3. We have received no response.
Rule of civil procedure 736 provides the procedure for obtaining a court order, when required, to allow foreclosure of a lien containing a power of sale, including a lien securing a home equity loan. Tex. R. Civ. P. 735.1. When, as here, a trial court issues an order under rule of civil procedure 736 that grants an application for an expedited order allowing the foreclosure of a lien, that order is not appealable. See Tex. R. Civ. P. 736.1(a), 736.7(b), 736.8(c). Rather, any challenge to the order "must be made in a suit filed in a separate, independent, original proceeding in a court of competent jurisdiction." Tex. R. Civ. P. 736.8(c); see Tex. R. Civ. P. 736.11(a); Tex. R. App. P. 52. Because Appellant attempts to appeal from an unappealable order, we dismiss the appeal for want of jurisdiction. See Tex. R. Civ. P. 736.8(c); see also Tex. R. App. P. 42.3(a), 43.2(f); Tehuti v. Bank of N.Y. Mellon Tr. Co., No. 02-16-00097-CV, 2016 WL 2989487, at *1 (Tex. App.—Fort Worth May 19, 2016, no pet.) (mem. op.); Nicholson v. CitiMortgage, Inc., No. 02-15-00105-CV, 2015 WL 4380877, at *1 (Tex. App.—Fort Worth July 16, 2015, no pet.) (mem. op.).
Per Curiam Delivered: May 16, 2019