DISMISS and Opinion Filed September 12, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01586-CV
BRIDGET PARSON, Appellant
V.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN
INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR
BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
CERTIFICATEHOLDERS OF BEAR STEARNS ASSET-BACKED SECURITIES I LLC,
ASSET-BACKED CERTIFICATES, SERIES 2006-HE7, Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-09716
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Justice Whitehill
Bridget Parson appeals from the trial court’s November 20, 2014 order granting U.S. Bank
National Association’s (Bank) Application for an Expedited Order Under Rule 736 on a Home
Equity Loan. See TEX. R. CIV. P. 736. On December 30, 2014, Bank filed a motion to dismiss
this appeal for want of jurisdiction. While that motion was pending, Parson filed a petition for
bankruptcy and this appeal was abated. After being notified that the bankruptcy court had lifted
the automatic stay, the Court reinstated this appeal on May 29, 2019 and instructed Parson to file,
by June 17, 2019, any response to Bank’s motion to dismiss.
In the motion to dismiss, Bank asserts that rule 736 expressly disallows appeals from orders
allowing foreclosure under that rule. Rule of civil procedure 736(8)(c) provides that the granting
or denial of an application under rule 736 is not subject to appeal. See TEX. R. CIV. P. 736.8(c);
Grant-Brooks v. FV-1, Inc., 176 S.W.3d 933 (Tex. App.—Dallas 2005, pet. denied). Although
Parson filed a response to the motion to dismiss, she fails to demonstrate how this Court has
jurisdiction over this appeal.
The order Parson seeks to appeal is not appealable. See id. Accordingly, we grant Bank’s
motion and dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
141586F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRIDGET PARSON, Appellant On Appeal from the 101st Judicial District
Court, Dallas County, Texas
No. 05-14-01586-CV V. Trial Court Cause No. DC-14-09716.
Opinion delivered by Justice Whitehill.
U.S. BANK NATIONAL ASSOCIATION, Chief Justice Burns and Justice Nowell
AS TRUSTEE, AS SUCCESSOR IN participating.
INTEREST TO BANK OF AMERICA,
NATIONAL ASSOCIATION AS
SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR
CERTIFICATEHOLDERS OF BEAR
STEARNS ASSET-BACKED
SECURITIES I LLC, ASSET-BACKED
CERTIFICATES, SERIES 2006-HE7,
Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered September 12, 2019
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