Case Information
*1 DISMISS and Opinion Filed January 21, 2022
In The
No. 05-21-00982-CV
V. PIETRO EUSTACHIO AND GRACE EUSTACHIO, Appellees On Appeal from the 298th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-02969 MEMORANDUM OPINION Before Justices Myers, Molberg, and Garcia Opinion by Justice Myers
The Court questioned its jurisdiction over this appeal because there did not appear to be a final judgment or other appealable order. Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally, appellate courts have jurisdiction over final judgments and certain interlocutory orders as permitted by statute); T . C IV P RAC & R EM . C ODE NN . § 51.014(a) (listing appealable interlocutory orders). We directed appellant to file a letter brief addressing the jurisdictional issue with an opportunity for appellees to respond. We cautioned appellant that failure to comply may result in dismissal of the appeal without further notice. Appellant did not file a letter brief as directed.
Appellant appeals from the trial court’s order granting appellees’ motion for summary judgment. In their original answer, appellees asserted a counterclaim for sanctions. Appellees sought summary judgment on appellant’s claims but not their counterclaim. Because appellees’ counterclaim remains pending, there is no final judgment and this Court lacks jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195.
We dismiss the appeal for want of jurisdiction. T R. PP P. 42.3(a). /Lana Myers/ / 210982f.p05 LANA MYERS
JUSTICE
JUDGMENT On Appeal from the 298th Judicial
District Court, Dallas County, Texas No. 05-21-00982-CV V. Trial Court Cause No. DC-18-02969.
Opinion delivered by Justice Myers. PIETRO EUSTACHIO AND Justices Molberg and Garcia GRACE EUSTACHIO, Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED .
It is ORDERED that appellees PIETRO EUSTACHIO AND GRACE EUSTACHIO recover their costs of this appeal from appellant R. COURT POWELL.
Judgment entered this 21 st day of January, 2022.