Jeffrey Allen Krause v. Jason Chen

• Court: Court of Appeals of Texas
• Decided: November 10, 2021
• Docket: 05-21-00749-CV
• Status: Published

Opinion

DISMISS and Opinion Filed November 10, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00749-CV

JEFFREY ALLEN KRAUSE, Appellant V. JASON CHEN, Appellee

On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-01778-2021

MEMORANDUM OPINION Before Justices Schenck, Smith, and Garcia Opinion by Justice Schenck It is well-settled that an appeal may only be taken from a final judgment that

disposes of all parties and claims or an interlocutory order as authorized by statute.

See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). The

appealed order here, the trial court’s order reinstating the case1 and for writ of

possession, is neither.

Seemingly recognizing that, appellant moved for permission from the trial

court to appeal the order under Texas Civil Practice and Remedies Code section

1 The case was abated due to appellant filing for bankruptcy and was reinstated after the bankruptcy court granted relief from the automatic stay imposed by section 362 of the bankruptcy code. See 11 U.S.C. § 362. 51.014(d) which provides for an appeal from an otherwise unappealable

interlocutory order when the trial court grants permission and the order involves, in

part, a controlling question of law as to which a substantial ground for difference of

opinion exists. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d). Because the

record before us did not reflect the trial court had granted permission,2 we questioned

our jurisdiction over the appeal and directed appellant to file a letter brief addressing

our concern no later than October 11, 2021. Although we cautioned that failure to

comply could result in the appeal being dismissed without further notice, appellant

has not complied and appellee has now moved to dismiss the appeal for want of

jurisdiction and for failure to comply with a court directive. See TEX. R. APP. P.

42.3(a),(c). We grant the motion and dismiss the appeal. See id. 42.3(a),(c).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

210749F.P05

2 Once a trial court grants permission, the party seeking to appeal must petition the court of appeals for permission to appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); TEX. R. APP. P. 28.3(a). –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JEFFREY ALLEN KRAUSE, On Appeal from the County Court at Appellant Law No. 6, Collin County, Texas Trial Court Cause No. 006-01778- No. 05-21-00749-CV V. 2021. Opinion delivered by Justice JASON CHEN, Appellee Schenck, Justices Smith and Garcia participating.

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

We ORDER that appellee Jason Chen recover his costs, if any, of this appeal from appellant Jeffrey Allen Krause.

Judgment entered November 10, 2021.

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