David Work v. Pamela Work

Opinion

DISMISS; and Opinion Filed August 23, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00818-CV

DAVID WORK, Appellant V. PAMELA WORK, Appellee

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-19-04741

MEMORANDUM OPINION Before Justices Myers, Molberg, and Carlyle Opinion by Justice Molberg Appellant appeals from the trial court’s order granting a motion for partial summary

judgment. The Court questioned its jurisdiction over this appeal as there does not appear to be a

final judgment. At the Court’s request, the parties filed letter briefs addressing the jurisdictional

issue.

Generally, appellate courts have jurisdiction only over appeals from final judgments. See

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 id.

In appellee’s original petition for post-divorce division of property, she sought division of

$67,295.64 and attorney’s fees. Appellant filed a counter-petition requesting his attorney’s fees

as sanctions. Appellee filed a motion for partial summary judgment requesting that the trial court find that the $67,295.64 is an undivided community asset. The trial court granted the

motion. The order does not state how the $67,295.64 will be divided and does not dispose of the

parties’ claims for attorney’s fees. Nothing in appellant’s letter brief establishes this Court’s

jurisdiction.

Because the division of the monetary asset and claims for attorney’s fees remain pending,

the order is not final. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R.

APP. P. 42.3(a).

/Ken Molberg/ KEN MOLBERG JUSTICE

190818F.P05

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

DAVID WORK, Appellant On Appeal from the 254th Judicial District Court, Dallas County, Texas No. 05-19-00818-CV V. Trial Court Cause No. DF-19-04741. Opinion delivered by Justice Molberg. PAMELA WORK, Appellee Justices Myers and Carlyle participating.

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

It is ORDERED that appellee PAMELA WORK recover her costs of this appeal from appellant DAVID WORK.

Judgment entered this 23rd day of August, 2019.

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