Mary Frances Brannon & Claudia Ann Dietrich-Davis v. Kamaljit Kaur

• Court: Court of Appeals of Texas
• Decided: September 21, 2020
• Docket: 05-20-00718-CV
• Status: Published

Opinion

DISMISS and Opinion Filed September 21, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00718-CV

MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS, Appellants V. KAMALJIT KAUR, Appellee

On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-03733-2019

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Molberg This is an appeal from the trial court’s August 3, 2020 order denying

appellant’s motion for summary judgment because there is a fact issue to be

resolved. Because the record does not reflect a final judgment has been signed, and

an order denying a motion for summary judgment is not an appealable interlocutory

order, we questioned our jurisdiction over the appeal and directed appellants to file

a letter brief addressing our concern with an opportunity for appellee to respond.

See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (appeal may be

taken from final judgment or interlocutory order authorized by statute); Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 625 (Tex. 1996) (denial of motion for

summary judgment not reviewable on appeal).

Although appellants filed two letter briefs, nothing therein demonstrates this

Court’s jurisdiction over the appeal. Because the appealed order is interlocutory and

nothing before us reflects a final judgment has been signed, we dismiss the appeal

for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Ken Molberg// KEN MOLBERG 200718f.p05 JUSTICE

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

MARY FRANCES BRANNON On Appeal from the 417th Judicial AND CLAUDIA ANN DIETRICH- District Court, Collin County, Texas DAVIS, Appellants Trial Court Cause No. 417-03733- 2019. No. 05-20-00718-CV V. Opinion delivered by Justice Molberg. Justices Carlyle and KAMALJIT KAUR, Appellee Browning participating.

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

It is ORDERED that appellee KAMALJIT KAUR recover her costs of this appeal from appellants MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS.

Judgment entered this 21st day of September, 2020.

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