Richard Smith v. Denton Settlers Village Townhomes Association, Inc. Appeal from 393rd District Court of Denton County (memorandum opinion)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00095-CV ___________________________ RICHARD SMITH, Appellant V. DENTON SETTLERS VILLAGE TOWNHOMES ASSOCIATION, INC., Appellee On Appeal from the 393rd District Court Denton County, Texas Trial Court No. 18-9407-393 Before Sudderth, C.J.; Bassel and Womack, JJ. Memorandum Opinion by Justice Bassel MEMORANDUM OPINION Appellant Richard Smith attempts to appeal from an “Order for Foreclosure” signed on March 8, 2019. On March 20, 2019, we sent a letter to Smith expressing our concern that we may not have jurisdiction over this appeal because the foreclosure order does not appear to be an appealable order. See Tex. R. Civ. P. 736.8(c) (“An order granting or denying the [foreclosure] application is not subject to a motion for rehearing, new trial, bill of review, or appeal. Any challenge to a Rule 736 order must be made in a suit filed in a separate, independent, original proceeding in a court of competent jurisdiction.”); Elliot v. Deutsche Bank Nat’l Tr. Co., No. 02-16-00421-CV, 2017 WL 526315, at *1 (Tex. App.—Fort Worth Feb. 9, 2017, no pet.) (mem. op.). We stated that unless Smith or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal by April 1, 2019, the appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. We did not receive any response. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f). /s/ Dabney Bassel Dabney Bassel Justice Delivered: May 30, 2019 2
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