Lidia Silva v. Michael Quintanilla

• Court: Court of Appeals of Texas
• Decided: October 19, 2021
• Docket: 05-21-00366-CV
• Status: Published

Opinion

DISMISS and Opinion Filed October 19, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00366-CV

LIDIA SILVA, Appellant V. MICHAEL QUINTANILLA, Appellee

On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-02505-2019

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns We questioned our jurisdiction over this appeal as there does not appear to be

a final judgment. We directed appellant to file, by September 10, 2021, a letter brief

addressing our concern and cautioned her that failure to comply may result in

dismissal of the appeal. As of today’s date, appellant has not complied.

Generally, this Court has jurisdiction over final judgments and certain

interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39

S.W.3d 191, 195 (Tex. 2001); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)

(listing appealable interlocutory orders). Appellant appeals from the trial court’s order granting plaintiff’s motion for

summary judgment. In that order, the trial court orders the parties “to set a hearing

on partition of the property and for prove up of Plaintiff’s attorneys’ fees and costs.”

Because matters remain to be resolved, the judgment is not final. 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

210366F.P05

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

LIDIA SILVA, Appellant On Appeal from the 471st Judicial District Court, Collin County, Texas No. 05-21-00366-CV V. Trial Court Cause No. 471-02505- 2019. MICHAEL QUINTANILLA, Opinion delivered by Chief Justice Appellee Burns. Justices Molberg and Goldstein participating.

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

It is ORDERED that appellee MICHAEL QUINTANILLA recover his costs of this appeal from appellant LIDIA SILVA.

Judgment entered October 19, 2021.

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