R. Court Powell v. Pietro Eustachio and Grace Eustachio

• Court: Court of Appeals of Texas
• Decided: January 21, 2022
• Docket: 05-21-00982-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 21, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00982-CV

R. COURT POWELL, Appellant V. PIETRO EUSTACHIO AND GRACE EUSTACHIO, Appellees

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-02969

MEMORANDUM OPINION Before Justices Myers, Molberg, and Garcia Opinion by Justice Myers 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 appeals from the trial court’s order granting appellees’ motion for

summary judgment. In their original answer, appellees asserted a counterclaim for

sanctions. Appellees sought summary judgment on appellant’s claims but not their

counterclaim. Because appellees’ counterclaim remains 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).

/Lana Myers// 210982f.p05 LANA MYERS JUSTICE

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

R. COURT POWELL, Appellant On Appeal from the 298th Judicial District Court, Dallas County, Texas No. 05-21-00982-CV V. Trial Court Cause No. DC-18-02969. Opinion delivered by Justice Myers. PIETRO EUSTACHIO AND Justices Molberg and Garcia GRACE EUSTACHIO, Appellees participating.

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

It is ORDERED that appellees PIETRO EUSTACHIO AND GRACE EUSTACHIO recover their costs of this appeal from appellant R. COURT POWELL.

Judgment entered this 21st day of January, 2022.

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