Jaime Cornejo and Patricia Cornejo v. Wells Fargo Bank Texas

Dismissed and Memorandum Opinion filed July 29, 2004

Dismissed and Memorandum Opinion filed July 29, 2004.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-04-00636-CV

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JAIME CORNEJO AND PATRICIA CORNEJO, Appellants

 

V.

 

WELLS FARGO BANK TEXAS, Appellee

 

 

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 03‑45789

 

 

M E M O R A N D U M   O P I N I O N

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).  AThe 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.

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed July 29, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.