Alejandro Vasquez D/B/A Dani's Concrete v. Kapsen Development Group, LLC

Opinion

DISMISS and Opinion Filed March 12, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-01004-CV

ALEJANDRO VASQUEZ D/B/A DANI’S CONCRETE, Appellant V. KAPSEN DEVELOPMENT GROUP, LLC, Appellee

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-07342

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Reichek We questioned our jurisdiction over this appeal because there did not appear

to be a final judgment or other appealable order. We instructed appellant to file a

letter brief addressing our concern.

Generally, appellate courts have jurisdiction only over appeals from final

judgments and certain interlocutory orders as permitted by statute. See TEX. CIV.

PRAC. & REM. CODE ANN. § 51.014(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191,

195 (Tex. 2001). A final judgment is one that disposes of all parties and claims. See

Lehmann, 39 S.W.3d at 195. Appellee sued appellant and two other defendants. Appellant appeals from the

trial court’s August 13, 2020 default judgment against him as to liability only with

damages to be determined. The default judgment is interlocutory because it does not

dispose of appellee’s claims against the other defendants and does not determine the

amount of damages appellant owes to appellee. Because the trial court’s August 13th

order did not resolve all claims and all parties, a final judgment has not been entered.

Although appellant filed a letter brief as requested, it fails to demonstrate our

jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

201004F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ALEJANDRO VASQUEZ D/B/A On Appeal from the 68th Judicial DANI’S CONCRETE, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-20-07342. No. 05-20-01004-CV V. Opinion delivered by Justice Reichek. Justices Molberg and KAPSEN DEVELOPMENT Nowell participating. GROUP, LLC, Appellee

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

It is ORDERED that appellee KAPSEN DEVELOPMENT GROUP, LLC recover its costs of this appeal from appellant ALEJANDRO VASQUEZ D/B/A DANI’S CONCRETE.

Judgment entered March 12, 2021

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