ANGELICA LEAL v. DALLAS COUNTY CITY OF DALLAS DALLAS INDEPENDENT SCHOOL DISTRICT DALLAS COUNTY SCHOOL EQUALIZATION FUND DALLAS COUNTY COMMUNITY COLLEGE DISTRICT AND PARKLAND HOSPITAL DISTRICT (2017)

MEMORANDUM OPINION

By letter, this Court questioned its jurisdiction over this appeal because there did not appear to be an appealable order. We instructed appellant to file a letter brief addressing our jurisdictional concern with an opportunity for appellees to respond.

A default judgment was entered against appellant in a tax delinquency lawsuit on January 22, 2014. On December 21, 2015, a deputy district clerk signed an “Order of Sale of Real Estate - Delinquent Tax.” In the notice of appeal filed on September 29, 2016, appellant states she is appealing from the judgment signed on September 29, 2016 and that she appeals the “tax delinquent sale.” The clerk's record does not contain a judgment signed on September 29, 2016 nor does the docket sheet reflect a judgment on that date. Thus, it appears appellant is appealing from the order of sale.

A person may challenge the validity of a tax sale by following the procedures set forth in the tax code. See TEX. TAX CODE ANN. § 34/08 (West 2015). An order of sale, however, is not an appealable order. See TEX. TAX CODE ANN. § 33.53 (West 2015); Wolter v. Donaldson, 79 S.W.3d 160, 162 (Tex. App.—Texarkana 2002, no pet.). Appellant filed a letter brief. Although she complains that the property was sold without prior notification, she fails to address this Court's jurisdictional concern in her brief.

Because the order of sale is not an appealable order, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

LANA MYERS JUSTICE