Frank Mordente, Individually and as Trustee of the 2017 Mordente Trust v. Yevgeny Marchenko, Valeri Liukin, and Hidden Vista Properties, Inc.

• Court: Court of Appeals of Texas
• Decided: March 7, 2023
• Docket: 05-22-00996-CV
• Status: Published

Opinion

DISMISS and Opinion Filed March 7, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00996-CV

FRANK MORDENTE, INDIVIDUALLY AND AS TRUSTEE OF THE MORDENTE 2017 TRUST, Appellants V. YEVGENY MARCHENKO, VALERI LIUKIN, AND HIDDEN VISTA PROPERTIES, INC., Appellees

On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-01896-2022

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Miskel Opinion by Justice Pedersen, III After reviewing the clerk’s record, the Court questioned its jurisdiction over

this appeal because there did not appear to be a final judgment or appealable

interlocutory order. At the Court’s direction, appellant filed a letter brief.

Generally, this Court has jurisdiction over final judgments and certain

interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39

S.W.3d 191, 195 (Tex. 2001); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). A final judgment is one that

disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195.

Appellees filed suit against appellants, Frank Mordente, Individually and as

Trustee of the 2017 Mordente Trust, and Kade Properties, LLC1. Frank Mordente

filed a pro se answer on both his behalf and that of the Trust. Appellees moved to

strike the Trust’s answer because non-attorney Mordente lacked authority to file an

answer on behalf of the Trust. See Kunstoplast of Am., Inc. v. Formosa Plastics

Corp, USA, 937 S.W.2d 455, 456 (Tex. 1996) (per curiam) (corporation can appear

in court only through licensed attorneys). Appellant appeals from the trial court’s

August 31, 2022 order granting appellees’ motion and striking the Trust’s answer.

The appealed order is not a final judgment because it does not dispose of

appellees’ claims against Frank Mordente and Kade Propberties. See Lehmann, 39

S.W.3d at 195. Although appellant filed a letter brief, nothing therein

demonstrates this Court’s jurisdiction over this appeal. Accordingly, we dismiss

the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE 220996F.P05

1 Kade Properties, LLC is not a party to this appeal.

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

FRANK MORDENTE, On Appeal from the 471st Judicial INDIVIDUALLY AND AS District Court, Collin County, Texas TRUSTEE OF THE MORDENTE Trial Court Cause No. 471-01896- 2017 TRUST, Appellants 2022. Opinion delivered by Justice No. 05-22-00996-CV V. Pedersen, III. Justices Molberg and Miskel participating. YEVGENY MARCHENKO, VALERI LIUKIN, AND HIDDEN VISTA PROPERTIES, INC., Appellees

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

It is ORDERED that appellees YEVGENY MARCHENKO, VALERI LIUKIN, AND HIDDEN VISTA PROPERTIES, INC. recover their costs of this appeal from appellants FRANK MORDENTE AND THE 2017 MORDENTE TRUST.

Judgment entered March 7, 2023

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