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Mark Little v. the Swan Asbestos and Silica Settlement Trust
05-16-00956-CV
| Tex. App. | Dec 9, 2016
|
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Case Information

*1 DISMISS and Opinion Filed December 9, 2016

In The No. 05-16-00956-CV V.

THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST, Appellee On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 83004 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright

By letter dated November 7, 2016, the Court questioned its jurisdiction over this appeal because there does not appear to be a final judgment. We instructed appellant to file, by November 17, 2016, a letter brief addressing the jurisdictional issue. We cautioned appellant that failure to file a jurisdictional brief by the date specified may result in dismissal of the appeal without further notice. As of today’s date, appellant has not filed a response.

Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders as permitted 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 pending parties and claims. See id

Appellee filed a petition for declaratory judgment. Appellant filed an application for attorney’s fees. The record before this Court contains only an order denying appellant’s *2 application for attorney’s fees and the notice of appeal pertains to that order. Appellee’s claim for declaratory judgment remains pending.

Because the judgment is not final, this Court lacks jurisdiction. See Lehmann , 39 S.W.3d

at 195. We dismiss the appeal. See T EX . R. A PP . P. 42.3(a).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 160956F.P05

JUDGMENT On Appeal from the 196th Judicial District Court, Hunt County, Texas No. 05-16-00956-CV V. Trial Court Cause No. 83004.

Opinion delivered by Chief Justice Wright. THE SWAN ASBESTOS AND SILICA Justices Lang-Miers and Stoddart SETTLEMENT TRUST, Appellee participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED It is ORDERED that appellee THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST recover its costs of this appeal from appellant MARK LITTLE.

Judgment entered December 9, 2016.

Case Details

Case Name: Mark Little v. the Swan Asbestos and Silica Settlement Trust
Court Name: Court of Appeals of Texas
Date Published: Dec 9, 2016
Docket Number: 05-16-00956-CV
Court Abbreviation: Tex. App.
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