Karesha Daniels & All Other Occupants v. SS Cottages LLC DBA Scotch Creek A/K/A the District at Cypress Waters

• Court: Court of Appeals of Texas
• Decided: February 9, 2022
• Docket: 05-21-00759-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 9, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00759-CV

KARESHA DANIELS & ALL OTHER OCCUPANTS, Appellant V. SS COTTAGES LLC DBA SCOTCH CREEK A/K/A THE DISTRICT AT CYPRESS WATERS, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-21-00582-B

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Partida-Kipness It is well-settled that, to be appealable, a judgment must dispose of all parties

and claims and define the parties’ rights with certainty. See Hinde v. Hinde, 701

S.W.2d 637, 639 (Tex. 1985) (per curiam). The challenged judgment in this appeal

awards, in part, appellate attorney’s fees to appellee but does not state the amount

awarded. Because the judgment does not define appellee’s rights with certainty, we

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

addressing our concern. See Chado v. PNL Blackacre, L.P., 05-04-00312-CV,

2005WL 428824, *1 (Tex. App.—Dallas Feb. 24, 2005, no pet.) (mem. op.) (judgment that failed to specify amount of appellate fees awarded not definite).

Although we cautioned appellant that failure to comply within ten days could result

in dismissal of the appeal without further notice, more than ten days have passed and

appellant has not complied. Accordingly, on the record before us, we dismiss the

appeal. See Hinde, 701 S.W.2d at 639; Chado, 2005 WL 428824, *1.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210759F.P05

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

KARESHA DANIELS & ALL On Appeal from the County Court at OTHER OCCUPANTS, Appellant Law No. 2, Dallas County, Texas Trial Court Cause No. CC-21-00582- No. 05-21-00759-CV V. B. Opinion delivered by Justice Partida- SS COTTAGES LLC DBA Kipness, Justices Schenck and SCOTCH CREEK A/K/A THE Osborne participating. DISTRICT AT CYPRESS WATERS, Appellee

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

Judgment entered February 9, 2022.

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