Henry Mishkoff v. Sonia Bryant

• Court: Court of Appeals of Texas
• Decided: June 14, 2023
• Docket: 05-22-01173-CV
• Status: Published

Opinion

Dismiss and Opinion Filed June 14, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01173-CV

HENRY MISHKOFF, Appellant V. SONIA BRYANT, Appellee

On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-01040-2022

MEMORANDUM OPINION Before Justices Nowell, Goldstein, and Breedlove Opinion by Justice Nowell We questioned our jurisdiction over this appeal from the trial court’s October

4, 2022 summary judgment order as the order did not appear to be appealable. See

Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (when, as here,

judgment does not follow conventional trial on merits, judgment is appealable if it

actually disposes of every pending claim and party or “clearly and unequivocally”

states it finally disposes of all claims and parties). As reflected in the record, the

parties asserted claims against each other. The order disposed of appellant’s claim

against appellee but did not dispose of appellee’s counterclaim against appellant or contain language indicating it finally disposed of all claims and parties. See id.

Additionally, nothing in the record before us reflected the counterclaim had

otherwise been disposed.

In jurisdictional briefing filed at our request, appellant does not dispute

appellee’s counterclaim remains pending. Accordingly, on the record before us, we

dismiss the appeal for want of jurisdiction. See id.; see also TEX. R. APP. P. 42.3(a).

221173f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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

HENRY MISHKOFF, Appellant On Appeal from the 471st Judicial District Court, Collin County, Texas No. 05-22-01173-CV V. Trial Court Cause No. 471-01040- 2022. SONIA BRYANT, Appellee Opinion delivered by Justice Nowell, Justices Goldstein and Breedlove participating.

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

We ORDER that appellee Sonia Bryant recover her costs, if any, of this appeal from appellant Henry Mishkoff.

Judgment entered this 14th day of June, 2023.

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