Tim Schoenbauer v. Deutsche Bank

DISMISS and Opinion Filed November 22, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00900-CV

TIM SCHOENBAUER, Appellant V. DEUTSCHE BANK, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-04889

MEMORANDUM OPINION Before Justices Myers, Schenck, and Carlyle Opinion by Justice Schenck On July 22, 2019, the trial court signed an order granting appellee’s application for an

expedited order under rule of civil procedure 736 to proceed with a foreclosure sale of appellant’s property. See TEX. R. CIV. P. 736. Appellant appeals from this order. Such an order is not subject to appeal. See TEX. R. CIV. P. 736.8(c); Grant-Brooks v. FV-1, Inc., 176 S.W.3d 933 (Tex. App.—Dallas 2005, pet. denied). Because it appeared this Court lacks jurisdiction over this appeal, we instructed appellant to file a letter brief addressing our concern with an opportunity for appellee to respond. The parties complied.

Nothing in appellant’s letter brief demonstrates this Court’s jurisdiction over this appeal.

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

190900F.P05

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Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TIM SCHOENBAUER, Appellant On Appeal from the 134th Judicial District Court, Dallas County, Texas No. 05-19-00900-CV V. Trial Court Cause No. DC-19-04889. Opinion delivered by Justice Schenck. DEUTSCHE BANK, Appellee Justices Myers and Carlyle participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee DEUTSCHE BANK recover its costs of this appeal from appellant TIM SCHOENBAUER.

Judgment entered this 22nd day of November, 2019.

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