Florida Sunshine Stanford v. U.S. Bank Trust National Association, Not in Its Individual Capacity, but Solely as Trustee of LSF9 Master Participation Trust

• Court: Court of Appeals of Texas
• Decided: July 9, 2024
• Docket: 05-23-01299-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 9, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01299-CV

FLORIDA SUNSHINE STANFORD, Appellant V. U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, AND FAY SERVICING, LLC, Appellees

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-06774-2022

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns We questioned our jurisdiction over this appeal from the trial court’s order

granting appellees’ summary judgment motion as the order did not dispose of all

parties and claims and did not appear otherwise appealable. See Jack B. Anglin Co.,

Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (appeal may be taken from

interlocutory order if allowed by statute and final judgment that disposes of all

claims and parties). In response to our request for jurisdictional briefing, appellant

noted she filed the appeal after the district clerk notified her by letter that “an appealable order or other final order disposing of the case” had been signed. The

order referred to in the letter was the appealed summary judgment order.

As noted by appellees, however, the clerk’s letter was erroneous. The

summary judgment order did not dispose of all parties and claims, and in fact, stated

it was “a partial judgment.” A partial summary judgment order is interlocutory and

unappealable, absent circumstances not applicable here. Bandera Elec. Co-op., Inc.

v. Gilchrist, 946 S.W.2d 336, 337 (Tex. 1997) (per curiam). Accordingly, we dismiss

the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Tipps, 842 S.W.2d

at 272.

/Robert D. Burns, III/ ROBERT D. BURNS, III 231299F.P05 CHIEF JUSTICE

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

FLORIDA SUNSHINE On Appeal from the 380th Judicial STANFORD, Appellant District Court, Collin County, Texas Trial Court Cause No. 380-06774- No. 05-23-01299-CV V. 2022. Opinion delivered by Chief Justice U.S. BANK TRUST NATIONAL Burns, Justices Molberg and ASSOCIATION, NOT IN ITS Pedersen, III participating. INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, AND FAY SERVICING, LLC, Appellees

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

Judgment entered July 9, 2024.

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