Quetriva R. Bergen v. the Flats at Five Mile Creek

• Court: Court of Appeals of Texas
• Decided: May 8, 2024
• Docket: 05-23-01161-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 8, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01161-CV

QUETRIVA R. BERGEN, Appellant V. THE FLATS AT FIVE MILE CREEK, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-23-06902-B

MEMORANDUM OPINION Before Justices Smith, Miskel, and Breedlove Opinion by Justice Miskel On February 2, 2024, we sent a letter to the parties questioning our jurisdiction

because it appears the judgment is not final and definite because although it awards

post-judgment interest on unpaid rent and attorney’s fees it does not state an amount

on unpaid rent or attorney’s fees. We directed appellant to file a letter brief

addressing our jurisdictional concern no later than February 12, 2024. We expressly

cautioned appellant that failure to do so might result in the dismissal of the appeal without further notice. To date, appellant has not filed a letter brief nor further

corresponded with the Court regarding the status of this appeal.1

Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(b), (c).

/Emily Miskel/ EMILY MISKEL JUSTICE 231161F.P05

1 Appellant filed a “response” which consists of two email chains. Appellant does not explain the relevance of the emails, nor did she address the jurisdictional question presented to her for briefing. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

QUETRIVA R. BERGEN, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-23-01161-CV V. Trial Court Cause No. CC-23-06902- B. THE FLATS AT FIVE MILE Opinion delivered by Justice Miskel. CREEK, Appellee Justices Smith and Breedlove participating.

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

Judgment entered May 8, 2024

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