Marla Nunally Kaufman Homes, LLC v. JNG Properties, LLC

• Court: Court of Appeals of Texas
• Decided: January 21, 2022
• Docket: 05-21-00454-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 21, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00454-CV

MARLA NUNALLY KAUFMAN HOMES, LLC, Appellant V. JNG PROPERTIES, LLC, DOROTHY VALIENTE, AND NET WORTH REALTY OF DALLAS/FORT WORTH LLC, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-16630

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

appear to be a final judgment or other appealable 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); 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 with an

opportunity for appellees to respond. We cautioned appellant that failure to comply may result in dismissal of the appeal without further notice. Appellant did not file a

letter brief as directed.

Appellant sued three defendants, JNG Properties, LLC, Net Worth Realty of

Dallas/Fort Worth LLC, and Dorothy Valiente. Defendants Net Worth Realty and

Valiente each moved for summary judgment and the trial court signed an order

granting the motions. Appellant appeals that order. That order, however, fails to

dispose of appellant’s claims against JNG Properties. Because appellant’s claims

against JNG Properties remain pending, there is no final judgment and this Court

lacks jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195.

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

210454F.P05

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

MARLA NUNALLY KAUFMAN On Appeal from the 44th Judicial HOMES, LLC, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-19-16630. No. 05-21-00454-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and Smith JNG PROPERTIES, LLC, participating. DOROTHY VALIENTE, AND NET WORTH REALTY OF DALLAS/FORT WORTH LLC, Appellees

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

It is ORDERED that appellees JNG PROPERTIES, LLC, DOROTHY VALIENTE, AND NET WORTH REALTY OF DALLAS/FORT WORTH LLC recover their costs of this appeal from appellant MARLA NUNALLY KAUFMAN HOMES, LLC.

Judgment entered January 21, 2022

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