Dismissed and Opinion Filed August 26, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00853-CV
CRAIG S. PITTMAN AND KELLY KONCAK PITTMAN, Appellants
V.
FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-00396
MEMORANDUM OPINION
Before Justices Bridges, Francis, Lang-Miers
Opinion by Justice Bridges
This is an appeal from a trial court order granting, pursuant to Texas Rule of Civil Procedure
736.8, the application for a home equity foreclosure order. See TEX. R. CIV. P. 736.8. Appellee moves to
dismiss the appeal on the ground that such an order is not appealable. See id. 736.8(c). Though given
time to respond to appellee’s motion, appellants have failed to do so.
Rule 736.8(c) specifically provides that an order granting the application for a home equity
foreclosure order is not subject to appeal and must be challenged in a separate, original proceeding. Id.
Because appellants challenge an unappealable order, we grant the motion and dismiss the appeal for want
of jurisdiction. Id.; see also TEX. R. APP. P. 42.3(a).
/David L. Bridges/
DAVID L. BRIDGES
140583F.P05 JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CRAIG S. PITTMAN AND KELLY KONCAK On Appeal from the 193rd Judicial District
PITTMAN, Appellants Court, Dallas County, Texas
Trial Court Cause No. DC-14-00396.
No. 05-14-00853-CV V. Opinion delivered by Justice Bridges. Justices
Francis and Lang-Miers participating.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Federal National Mortgage Association recover its costs, if any, of this
appeal from appellants Craig S. Pittman and Kelly Koncak Pittman.
Judgment entered August 26, 2014
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