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Jari'l Robinson and Ramonia Robinson v. Pace Homes
05-15-00758-CV
| Tex. App. | Jun 29, 2015
|
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Case Information

*1 C HIEF J USTICE L ISA M ATZ C AROLYN W RIGHT C LERK OF THE C OURT (214) 712-3450 J USTICES theclerk@5th.txcourts.gov D AVID L. B RIDGES M OLLY F RANCIS G AYLE H UMPA D OUGLAS S. L ANG B USINESS A DMINISTRATOR E LIZABETH L ANG -M IERS (214) 712-3434 R OBERT M. F ILLMORE gayle.humpa@5th.txcourts.gov Court of Appeals L ANA M YERS D AVID E VANS F ACSIMILE Fifth District of Texas at Dallas D AVID L EWIS (214) 745-1083 A DA B ROWN 600 C OMMERCE S TREET , S UITE 200 C RAIG S TODDART I NTERNET D ALLAS , T EXAS 75202 B ILL W HITEHILL WWW . TXCOURTS . GOV /5 THCOA . ASPX (214) 712-3400 D AVID J. S CHENCK

June 29, 2015 Mr. Niles Illich

Law Office of Niles Illich, Ph.D., J.D.

701 Commerce St., Suite 400

Dallas, Texas 75202

RE: Court of Appeals Number: 05-15-00758-CV

Trial Court Case Number: DC-13-13967-D

Style: Jari’l Robinson, et al. v. Pace Homes, Inc.

Dear Mr. Illich:

The Court has reviewed the clerk’s record and has a question concerning its jurisdiction over the appeal. Specifically, there does not appear to be an appealable order. This Court has jurisdiction only over appeals from final judgments and those interlocutory orders specifically authorized by statute. See Lehmann v. Har-Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all parties and all claims. See id .

In the notice of interlocutory appeal, appellants state they are appealing the denial of their motion to dismiss and cite to sections 51.016 and 171.098 of the civil practice and remedies code. See T EX . C IV . P RAC . & R EM . C ODE A NN . § 51.016 (West 2015) & § 171.098 (West 2011). Those sections concern appeals from arbitration orders. The order appealed from denies a motion to dismiss.

So that this Court can determine its jurisdiction over this appeal, appellants are instructed to file, by JULY 9, 2015 , a letter brief of no more than 3 pages explaining how this Court has jurisdiction over the appeal. Appellee may file a responsive letter brief of no more than 3 pages within 10 days of appellant’s brief. No extension of time will be granted. If either party will be relying on information not in the record before this Court, that party must obtain a supplemental clerk’s record from the trial court containing that information.

We suspend the current deadline for appellants’ brief on the merits. After it has received briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction over the *2 appeal and set a new deadline for appellants’ brief. We caution appellants that failure to file a jurisdictional brief by JULY 9, 2015 , may result in dismissal of the appeal without further notice.

Respectfully, /s/ Lisa Matz, Clerk of the Court cc: Ms. Linda Sorrells

Law Office of Linda G. Sorrells

P.O. Box 763603

Dallas, Texas 75376

Mr. Roger Fuller

Law Offices of Fuller & Eason

4230 Lyndon B. Johnson Fwy., Suite 330

Dallas, Texas 75244

LM/rz

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Case Details

Case Name: Jari'l Robinson and Ramonia Robinson v. Pace Homes
Court Name: Court of Appeals of Texas
Date Published: Jun 29, 2015
Docket Number: 05-15-00758-CV
Court Abbreviation: Tex. App.
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