Cole & Cole, P.C. v. Sean Dyar

Opinion

DISMISS; and Opinion Filed August 5, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00403-CV

COLE & COLE, P.C. AND ROBERT COLE, JR., Appellants V. SEAN DYAR, Appellee

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-04261

MEMORANDUM OPINION Before Justices Whitehill, Molberg, and Nowell Opinion by Justice Molberg

Seeking to appeal the trial court’s interlocutory order denying their appeal of the associate

judge’s order granting Sean Dyar’s motion to set aside a default judgment, Cole & Cole, P.C. and

Robert Cole, Jr. have filed a petition for permissive interlocutory appeal. We deny the petition

and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §

51.014(d); TEX. R. APP. P. 28.3, 42.3(a).

/Ken Molberg/ KEN MOLBERG JUSTICE WHITEHILL, J., dissenting without opinion.

190403F.P05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT

COLE & COLE, P.C. AND ROBERT On Appeal from the 160th Judicial District COLE, JR., Appellants Court, Dallas County, Texas Trial Court Cause No. DC-18-04261. No. 05-19-00403-CV V. Opinion delivered by Justice Molberg, Justices Whitehill and Nowell participating. SEAN DYAR, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Sean Dyar recover his costs, if any, of this appeal from appellants Cole & Cole, P.C. and Robert Cole, Jr.

Judgment entered this 5th day of August, 2019.

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