Charles "Chuck" Zubarik v. Francisco and Marianne Gonzalez, Roni Henderson, the First Amended Phillips Family Trust, Eric Sorensen, Jamie Sorensen, David Smelder

• Court: Court of Appeals of Texas
• Decided: July 29, 2021
• Docket: 05-21-00164-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 29, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00164-CV

CHARLES “CHUCK” ZUBARIK, Appellant V. FRANCISCO GONZALEZ, MARIANNE GONZALEZ, THE FIRST AMENDED PHILLIPS FAMILY TRUST, RONI HENDERSON, ERIC SORENSEN, JAMIE SORENSEN, DAVID SMELSER, AND LINDSAY SMELSER, Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-18220

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Appellant appeals from the trial court’s March 15, 2021 order vacating its

severance order signed on December 4, 2020. We questioned our jurisdiction over

this appeal because the order vacating a severance order is neither a final judgment

nor an appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d

191, 195 (Tex. 2001); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a). At our

request, the parties filed letter briefs addressing the jurisdictional issue. In his letter brief, appellant, rather than addressing the question posed –

whether the order vacating the severance order is final or otherwise appealable –

addresses the merits as to why the trial court erred in signing that order. Nothing in

appellant’s letter brief demonstrates that we have jurisdiction to review an order

vacating a severance order.

The order vacating the severance order is neither a final judgment nor an

appealable interlocutory order. For this reason, we lack jurisdiction and dismiss the

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

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

210164F.P05

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

CHARLES “CHUCK” ZUBARIK, On Appeal from the 68th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-19-18220. No. 05-21-00164-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and FRANCISCO GONZALEZ, Goldstein participating. MARIANNE GONZALEZ, THE FIRST AMENDED PHILLIPS FAMILY TRUST, RONI HENDERSON, ERIC SORENSEN, JAMIE SORENSEN, DAVID SMELSER, AND LINDSAY SMELSER, Appellees

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

It is ORDERED that appellees FRANCISCO GONZALEZ, MARIANNE GONZALEZ, THE FIRST AMENDED PHILLIPS FAMILY TRUST, RONI HENDERSON, ERIC SORENSEN, JAMIE SORENSEN, DAVID SMELSER, AND LINDSAY SMELSER recover their costs of this appeal from appellant CHARLES “CHUCK” ZUBARIK.

Judgment entered July 29, 2021.

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