D. Kyle Fagin, Individualy and as Trustee and Beneficiary of the D. Kyle Fagin Qualified Subchapter S Trust v. Inwood National Bank, and Inwood Bancshares, Inc., and Christy Fagin

Opinion

DISMISS and Opinion Filed March 10, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-01036-CV

D. KYLE FAGIN, INDIVIDUALY AND AS TRUSTEE AND BENEFICIARY OF THE D. KYLE FAGIN QUALIFIED SUBCHAPTER S TRUST, Appellant V. INWOOD NATIONAL BANK, INWOOD BANCSHARES, INC., AND CHRISTY FAGIN, Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-01688

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns

We questioned our jurisdiction over this appeal because it appeared there was

no final judgment. At the Court’s request, appellant filed a letter brief addressing

our concern.

Generally, this Court has jurisdiction only over appeals from final judgments

and certain interlocutory orders as permitted by statute. See McFadin v. Broadway

Coffeehouse, LLC, 539 S.W.3d 278, 283 (Tex. 2018); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014. A final judgment is one that disposes of all pending

parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

Appellees Inwood National Bank and Inwood Bancshares, Inc. asserted a

counterclaim for attorney’s fees in their answer. Appellee Christy Fagin asserted a

counterclaim for attorney’s fees in her plea in intervention. The appealed order

granting appellees’ respective motions for summary judgment does not dispose of

the counterclaims for attorney’s fees. In his letter brief, appellant acknowledges the

pending counterclaims. He requests that we hold his premature notice of appeal in

abeyance until the pending claims can be addressed. We decline the request because

nothing shows the claims are set for hearing.

Because claims remain pending in the underlying lawsuit, this Court lacks

jurisdiction over this appeal. Accordingly, we dismiss the appeal without prejudice

to refiling same once a final judgment is entered. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 201036F.P05

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

D. KYLE FAGIN, INDIVIDUALY On Appeal from the 116th Judicial AND AS TRUSTEE AND District Court, Dallas County, Texas BENEFICIARY OF THE D. KYLE Trial Court Cause No. DC-20-01688. FAGIN QUALIFIED Opinion delivered by Chief Justice SUBCHAPTER S TRUST, Appellant Burns. Justices Molberg and Goldstein participating. No. 05-20-01036-CV V.

INWOOD NATIONAL BANK, INWOOD BANCSHARES, INC., AND CHRISTY FAGIN, Appellees

In accordance with this Court’s opinion of this date, the appeal is DISMISSED without prejudice.

It is ORDERED that appellees INWOOD NATIONAL BANK, INWOOD BANCSHARES, INC., AND CHRISTY FAGIN recover their costs of this appeal from appellant D. KYLE FAGIN, INDIVIDUALY AND AS TRUSTEE AND BENEFICIARY OF THE D. KYLE FAGIN QUALIFIED SUBCHAPTER S TRUST.

Judgment entered March 10, 2021

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