Jari'l Robinson and Ramonia Robinson v. Pace Homes

Opinion

CHIEF JUSTICE LISA MATZ CAROLYN WRIGHT CLERK OF THE COURT (214) 712-3450

JUSTICES theclerk@5th.txcourts.gov DAVID L. BRIDGES MOLLY FRANCIS GAYLE HUMPA DOUGLAS S. LANG BUSINESS ADMINISTRATOR ELIZABETH LANG-MIERS (214) 712-3434

Court of Appeals

ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov LANA MYERS DAVID EVANS DAVID LEWIS Fifth District of Texas at Dallas FACSIMILE (214) 745-1083

ADA BROWN 600 COMMERCE STREET, SUITE 200 CRAIG STODDART INTERNET BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX DAVID J. SCHENCK (214) 712-3400

June 29, 2015

Mr. Niles Illich Law Office of Niles Illich, Ph.D., J.D. 701 Commerce St., Suite 400 Dallas, Texas 75202

RE: Court of Appeals Number: 05-15-00758-CV Trial Court Case Number: DC-13-13967-D

Style: Jari’l Robinson, et al. v. Pace Homes, Inc.

Dear Mr. Illich:

The Court has reviewed the clerk’s record and has a question concerning its jurisdiction over the appeal. Specifically, there does not appear to be an appealable order. This Court has jurisdiction only over appeals from final judgments and those interlocutory orders specifically authorized by statute. 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 all claims. See id.

In the notice of interlocutory appeal, appellants state they are appealing the denial of their motion to dismiss and cite to sections 51.016 and 171.098 of the civil practice and remedies code. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.016 (West 2015) & § 171.098 (West 2011). Those sections concern appeals from arbitration orders. The order appealed from denies a motion to dismiss.

So that this Court can determine its jurisdiction over this appeal, appellants are instructed to file, by JULY 9, 2015, a letter brief of no more than 3 pages explaining how this Court has jurisdiction over the appeal. Appellee may file a responsive letter brief of no more than 3 pages within 10 days of appellant’s brief. No extension of time will be granted. If either party will be relying on information not in the record before this Court, that party must obtain a supplemental clerk’s record from the trial court containing that information.

We suspend the current deadline for appellants’ brief on the merits. After it has received briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction over the

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appeal and set a new deadline for appellants’ brief. We caution appellants that failure to file a jurisdictional brief by JULY 9, 2015, may result in dismissal of the appeal without further notice.

Respectfully,

/s/ Lisa Matz, Clerk of the Court

cc: Ms. Linda Sorrells Law Office of Linda G. Sorrells P.O. Box 763603 Dallas, Texas 75376

Mr. Roger Fuller Law Offices of Fuller & Eason 4230 Lyndon B. Johnson Fwy., Suite 330 Dallas, Texas 75244

LM/rz