Dismissed and Opinion Filed October 28, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00243-CV
CHARLES A. FARRIS AND ALL OTHER OCCUPANTS, Appellants
V.
NATIONSTAR MORTGAGE, LLC, Appellee
On Appeal from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-06124-D
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Evans
This appeal involves an expedited foreclosure action under Texas Rule of Civil Procedure
736. See TEX. R. CIV. P. 736. The trial court granted Nationstar Mortgage, LLC’s application
for an expedited order, after which Charles Farris and all other occupants (collectively, “Farris”)
filed a motion to “reinstate for new trial.” The trial court denied the motion, and this appeal
followed.
Because an order granting an application for expedited foreclosure order is not subject to
a motion for new trial or to an appeal, we directed the parties to file letter briefs addressing our
jurisdictional concern. See id. 736.8(c). In his brief, Farris acknowledges an expedited order is
not subject to reconsideration or review. He argues we have jurisdiction, though, because the
trial court’s order granting Nationstar’s application is void. Farris notes the suit was initially
dismissed in December 2014 for want of prosecution. On Nationstar’s motion, however, the trial
court reinstated the suit. Farris argues the trial court had no authority to reinstate under rule 736,
and, as a result, we have jurisdiction to determine the validity of the order. We disagree.
By its plain language, rule 736.8(c) prohibits appeals, motions for rehearing or new trial,
and bills of review from orders granting or denying an application for expedited foreclosure. See
id. The rule does not prohibit motions to reinstate from orders dismissing the suit for want of
prosecution. See id.
We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/David Evans/
DAVID EVANS
160243F.P05 JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHARLES A. FARRIS AND ALL OTHER On Appeal from the 95th Judicial District
OCCUPANTS, Appellants Court, Dallas County, Texas
Trial Court Cause No. DC-13-06124-D.
No. 05-16-00243-CV V. Opinion delivered by Justice Evans. Justices
Lang and Myers participating.
NATIONSTAR MORTGAGE, LLC,
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER appellee Nationstar Mortgage, LLC recover its costs, if any, of this appeal
from appellants Charles Farris and all other occupants
Judgment entered this 28th day of October, 2016.
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