Rodney B. Allen v. PR Genesis Katy LP D/B/A the Katy Victory Park

Opinion

DISMISS and Opinion Filed August 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00596-CV

RODNEY B. ALLEN, Appellant V. PR GENESIS KATY LP D/B/A THE KATY VICTORY PARK, MANDY ZAPATA A/K/A AMANDA ZAPATA, LINDSEY NEFF, GUGV VICTORY PARK DALLAS PROPERTY OWNING LLC, SHERI FANOUS, LAUREN BROWN, PHILLIP HARDAWAY, I & G DIRECT REAL ESTATE 44, LP, GEE FERRARRI, MICHAEL HUNT, APRIL DEMPSEY, AND RACHEL COLE, Appellees

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-17509

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

appear to be a final judgment or appealable interlocutory 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); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing

appealable interlocutory orders). A final judgment is one that disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195. We directed appellant to file a letter

brief addressing the jurisdictional issue.

Appellant appeals from the trial court’s June 2, 2023 order granting

summary judgment for some but not all of the defendants. Appellant’s claims

against the non-moving defendants remain pending. In his jurisdictional brief,

appellant appears to acknowledge the order is not appealable by stating that he

filed the notice of appeal “reserving his rights to appeal the Judge’s decision at the

appropriate time.” Accordingly, on the record before us, we dismiss the appeal for

want of jurisdiction. See id.; see also TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

230596F.P05

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

RODNEY B. ALLEN, Appellant On Appeal from the 298th Judicial District Court, Dallas County, Texas No. 05-23-00596-CV V. Trial Court Cause No. DC-21-17509. Opinion delivered by Chief Justice PR GENESIS KATY LP D/B/A THE Burns. Justices Pedersen, III and KATY VICTORY PARK, Goldstein participating. MANDY ZAPATA A/K/A AMANDA ZAPATA, LINDSEY NEFF, GUGV VICTORY PARK DALLAS PROPERTY OWNING LLC, SHERI FANOUS, LAUREN BROWN, PHILLIP HARDAWAY, I & G DIRECT REAL ESTATE 44,

LP, GEE FERRARRI, MICHAEL HUNT, APRIL DEMPSEY, AND RACHEL COLE, Appellees

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

Judgment entered August 30, 2023

–3–