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Sloan v. Pankey

Court of Appeals of Texas, Fifth District, Dallas

December 30, 2013

MILDRED SLOAN, Appellant
v.
DEBORAH PANKEY, AS EXECUTRIX OF THE ESTATE OF JAMES W. COLLINS, DECEASED, Appellee

On Appeal from the County Court at Law No. 1 Grayson County, Texas Trial Court Cause No. 2011-2-174CV

Before Justices Francis, Lang-Miers, and Lewis

MEMORANDUM OPINION

MOLLY FRANCIS JUSTICE

In a letter dated November 25, 2013, the Court questioned its jurisdiction over this appeal because it appeared the judgment was not final. We requested that appellant file a letter brief addressing our jurisdictional concern by December 9, 2013. We cautioned appellant that failure to file a letter brief within the time requested would result in dismissal of her appeal without further notice. As of today's date, appellant has not filed a jurisdictional brief.

Generally, this Court has jurisdiction only over final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. Id.

In her notice of appeal, appellant stated that she is appealing the order signed by the trial court on July 19, 2013. In this order, the trial court granted appellee's motion for partial summary judgment with regard to appellant's claims. The trial court's order did not dispose of appellee's counterclaim for attorney's fees. Because the counterclaim remains pending, the judgment is not final and appealable. See Lehmann, 39 S.W.3d at 195. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

JUDGMENT

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

It is ORDERED that appellee, DEBORAH PANKEY, AS EXECUTRIX OF THE ESTATE OF JAMES W. COLLINS, DECEASED, recover her costs of this ...


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