Ivery Clark Williams v. Johnny R. Johnson

• Court: Court of Appeals of Texas
• Decided: March 21, 2023
• Docket: 05-22-00988-CV
• Status: Published

Opinion

DISMISS and Opinion Filed March 21, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00988-CV

IVERY CLARK WILLIAMS, Appellant V. JOHNNY R. JOHNSON, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-21-00490-A

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns The Court questioned its jurisdiction over this appeal because there did not

appear to be a final judgment or appealable interlocutory order. See Lehmann v.

Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally appellate courts have

jurisdiction over final judgments and certain interlocutory orders as permitted by

statute); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing

appealable interlocutory orders). We directed appellant to file a letter brief

addressing the jurisdictional issue and cautioned him that failure to do so may result in dismissal of the appeal without further notice. As of today’s date,

appellant has not filed a response and the time to do so has passed.

Appellant sued appellee for alleged negligence arising from a car accident

with appellee. Appellee asserted a counterclaim for negligence. Appellant appeals

from the trial court’s summary judgment that he take nothing on his claims against

appellee. The summary judgment, however, did not dispose of appellee’s

counterclaim. Because nothing in the record before this Court shows the

counterclaim has been resolved by the trial court, there is no final judgment and

this Court lacks jurisdiction over the appeal. See Lehmann v. Har–Con Corp., 39

S.W.3d at 195. Accordingly, we dismiss the appeal for want of jurisdiction. See

TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220988F.P05

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

IVERY CLARK WILLIAMS, On Appeal from the County Court at Appellant Law No. 1, Dallas County, Texas Trial Court Cause No. CC-21-00490- No. 05-22-00988-CV V. A. Opinion delivered by Chief Justice JOHNNY R. JOHNSON, Appellee Burns. Justices Pedersen, III and Goldstein participating.

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

Judgment entered March 21, 2023

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