Dismiss and Opinion Filed August 27, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00789-CV
FRANCES DAMON BRIGGS AND JOHN D. BRIGGS, Appellants
V.
US NATIONAL BANK ASSOCIATION AS TRUSTEE FOR J.P. MORGAN
MORTGAGE ACQUSITIONS CORP. 2005-OPT1, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005 OPT1, Appellee
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-01569
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Frances and John Briggs appeal the trial court's order permitting foreclosure of a home
equity lien. Upon review of the clerk's record, it appeared that the order appealed was not an
appealable order. By letter dated July 30, 2015, we notified the parties that we questioned our
jurisdiction over the appeal and requested jurisdictional briefing from the parties. To date we
have received no response to our jurisdictional inquiry. Accordingly, we address our
jurisdiction sua sponte, as we must. M.O. Dental Lab. v. Rape, 139 S.W.3d 671, 673 (Tex.
2004) (per curiam).
Appellate courts may review only final judgments or interlocutory orders specifically
made appealable by statute. See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
Rule 736 provides the procedure for obtaining a court order, when required, to allow foreclosure
of a lien containing a power of sale. TEX. R. CIV. P. 735.1. Rule 736.8(c) specifically provides
that an order granting or denying an application under rule 736 “is not subject to a motion for
rehearing, new trial, bill of review, or appeal” and must be challenged in a separate, independent,
original proceeding in a court of competent jurisdiction. See TEX. R. CIV. P. 736.8(c); see also
Moir v. JP Morgan Chase NA, No. 05–14–00899–CV, 2014 WL 6808668, at *1 (Tex. App.—
Dallas Dec. 4, 2014, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction); Pittman v.
Fed. Nat'l Mortg. Ass'n, No. 05–14–00853–CV, 2014 WL 4207154, at *1 (Tex. App.—Dallas
Aug. 26, 2014, no pet.) (mem. op.) (same). Here, the trial court’s order granted foreclosure
under rule 735 of the Texas Rules of Civil Procedure. The appeal is precluded by rule
736.8(c). See TEX. R. CIV. P. 736.8(c). The Legislature has provided appellant a means for
challenging the trial court's order, but that exclusive means is an original proceeding in a court of
competent jurisdiction rather than an appeal to this Court. Because appellant challenges an
unappealable order, we have no jurisdiction over the appeal.
Accordingly, we dismiss this appeal for want of jurisdiction.
150789F.P05
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRANCES DAMON BRIGGS AND JOHN On Appeal from the 116th Judicial District
D. BRIGGS, Appellants Court, Dallas County, Texas
Trial Court Cause No. DC-15-01569.
No. 05-15-00789-CV V. Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Stoddart
US NATIONAL BANK ASSOCIATION participating.
AS TRUSTEE FOR J.P. MORGAN
MORTGAGE ACQUSITIONS CORP.
2005-OPT1, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES
2005 OPT1, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want
of jurisdiction.
It is ORDERED that appellee US NATIONAL BANK ASSOCIATION AS TRUSTEE
FOR J.P. MORGAN MORTGAGE ACQUSITIONS CORP. 2005-OPT1, ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES 2005 OPT1 recover its costs of this appeal from
appellants FRANCES DAMON BRIGGS AND JOHN D. BRIGGS.
Judgment entered this 27th day of August, 2015.
–3–
Frances Damon Briggs and John D. Briggs v. US National Bank Association as Trustee for J.P. Morgan Mortgage Acqusitions Corp. 2005-OPT1, Asset Backed Pass-Through Certificates, Series 2005 OPT1
Combined Opinion