Ladeitra Steward v. La Frontera South Phase One and The Villas of La Frontera South Phase One Homeowners Association Appeal from 352nd District Court of Tarrant County (memorandum opinion)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00266-CV ___________________________ LADEITRA STEWARD, Appellant V. LA FRONTERA SOUTH PHASE ONE AND THE VILLAS OF LA FRONTERA SOUTH PHASE ONE HOMEOWNERS ASSOCIATION, Appellees On Appeal from the 352nd District Court Tarrant County, Texas Trial Court No. 352-305799-19 Before Gabriel, Kerr, and Birdwell, JJ. Memorandum Opinion by Justice Gabriel MEMORANDUM OPINION Appellant Ladeitra Steward attempts to appeal from the trial court’s June 18, 2019 “Order for Foreclosure.” We notified Steward that because the order did not appear to be a final judgment or an appealable interlocutory order, we would dismiss the appeal unless she responded and showed grounds to continue it. See Tex. R. App. P. 42.3, 44.3. Steward responded but did not show such grounds. The trial court’s foreclosure order granted by default an application for an expedited order allowing the foreclosure of a lien under rule 736. Tex. R. Civ. P. 736.1, 736.7, 736.8(a). Such an order is not appealable and may be challenged only “in a suit filed in a separate, independent, original proceeding in a court of competent jurisdiction.” Tex. R. Civ. P. 736.8(c); see also Tex. R. Civ. P. 736.11(a). Accordingly, we do not have jurisdiction over Steward’s attempted appeal and dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Hamilton v. Madison Revolving Trust 2017, No. 02-19-00101-CV, 2019 WL 2134100, at *1 (Tex. App.—Fort Worth May 16, 2019, no pet.) (per curiam) (mem. op.). /s/ Lee Gabriel Lee Gabriel Justice Delivered: August 29, 2019 2
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