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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-10-138-CV
TOM FRANKLIN APPELLANT
V.
U.S. BANK NATIONAL APPELLEE
ASSOCIATION
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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION[1]
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Appellant Tom Franklin filed a notice of appeal from the trial court=s AOrder to Proceed with Notice of Foreclosure Sale and Foreclosure Sale.@ Because we were concerned that we did not have jurisdiction over this appeal, we notified Appellant that his appeal could be dismissed unless he filed a timely response showing grounds for continuing the appeal. Appellant=s response does not show grounds for continuing the appeal.
Rule of civil procedure 736(8)(A) provides that an order granting or denying a home equity foreclosure application under rule 736 is not appealable.[2] The order Appellant seeks to appeal grants the home equity foreclosure application filed by Appellee U.S. Bank National Association. Accordingly, we dismiss this appeal for want of jurisdiction.[3]
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DELIVERED: July 15, 2010
[1]See Tex. R. App. P. 47.4.
[2]Tex. R. Civ. P. 736(8)(A); see also McLane v. Wash. Mut. Bank, No. 02-07-460-CV, 2008 WL 2780665, at *1 (Tex. App.CFort Worth July 17, 2008, no pet.) (mem. op.).
[3]See Tex. R. App. P. 42.3(a), 43.2(f); see also McLane, 2008 WL 2780665, at *1.