Dismiss and Opinion Filed August 27, 2015 

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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 ASSOCIATIO N AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUSITIONS CORP. 2005-OP T1, 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, Justi ce Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright

Frances and John Briggs appeal the trial court's order pe rmitting foreclosure of a home equity lien. Upon review of the clerk's record, it appeared that the orde r appealed was not an appealable order. By letter da ted July 30, 2015, we notified the parties that we questioned our jurisdiction over the appeal and requested jurisdictional briefi ng 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 judgmen ts or interlocutory orders specifically made appealable by statute. See Lehmann v. Har–Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001).–2– Rule 736 provides the procedure fo r obtaining a court orde r, when required, to allow foreclosure of a lien containing a power of sale. T EX

. R. C IV

. P. 735.1. Rule 736.8(c) spec ifically provides that an order granting or denying an applicatio n under rule 736 “is not subject to a motion for rehearing, new trial, bill of review , or appeal” and must be challe nged in a separate, independent, original proceeding in a court of competent jurisdiction. See T EX . R. C IV . P. 736.8(c); see also Moir v. JP Morgan Chase NA , No. 05–14–00899–CV, 2014 WL 6808 668, at *1 (Tex. App.— Dallas Dec. 4, 2014, no pet.) (mem . op.) (dismissing appeal fo r 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, th e trial court’s order granted foreclosure under rule 735 of the Texas Rules of Civil Pr ocedure. The appeal is precluded by rule 736.8(c). See T EX . R. C IV . P. 736.8(c). The Legislature has provided appellant a means for challenging the trial court's order, but that exclusive means is an or iginal 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 ap peal for want of jurisdiction.

150789F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE–3– 

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Court of Appeals Fifth District of Texas at Dallas JUDGMENT

FRANCES DAMON BRIGGS AND JOHN D. BRIGGS, Appellants No. 05-15-00789-CV V.
US NATIONAL BANK ASSOCIATION AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUSITIONS CORP.2005-OPT1, ASSET BACKED PASSTHROUGH CERTIFICATES, SERIES 2005 OPT1, Appellee On Appeal from the 116th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-01569. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.

In accordance with this Court’s opi nion of this date, the appeal is DISMISSED for want of jurisdiction. It is ORDERED that appellee US NATIONAL BA NK ASSOCIATION AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUSITI ONS CORP. 2005-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, SERI ES 2005 OPT1 recover its costs of this appeal from appellants FRANCES DAMON BRIGGS AND JOHN D. BRIGGS.

Judgment entered this 27 th day of August, 2015.