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). 
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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 
 –3– 

S 

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 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.