Roger Reynolds v. Charles Brewer

• Court: Court of Appeals of Texas
• Decided: December 20, 2022
• Docket: 05-22-01081-CV
• Status: Published

Opinion

Dismiss and Opinion Filed December 20, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01081-CV

ROGER AND LYNNE REYNOLDS, Appellants V. CHARLES BREWER, JANE FOSTER AND TWELVE FIVE HUNDRED PRESTON OWNERS ASSOCIATION, INC., Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-06001

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Reichek Opinion by Justice Molberg This appeal follows the trial court’s orders granting appellees Charles

Brewer’s and Jane Foster’s motions for summary judgment on appellants’ claims

against them. Because appellants also asserted claims against Twelve Five Hundred

Preston Owners Association, Inc. (“HOA”) and no order appeared to dispose of these

claims, we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions,

appeal may only be taken once all parties and claims have been determined). In a

letter brief filed at our direction, appellants agree no order has been signed disposing of the claims against the HOA. Accordingly, because claims remain pending, we

dismiss the appeal. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.

/Ken Molberg// 221081f.p05 KEN MOLBERG JUSTICE

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

ROGER AND LYNNE On Appeal from the 44th Judicial REYNOLDS, Appellants District Court, Dallas County, Texas Trial Court Cause No. DC-20-06001. No. 05-22-01081-CV V. Opinion delivered by Justice Molberg, Chief Justice Burns and CHARLES BREWER, JANE Justice Reichek participating. FOSTER AND TWELVE FIVE HUNDRED PRESTON OWNERS ASSOCIATION, INC., Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees Charles Brewer, Jane Foster and Twelve Five Hundred Preston Owners Association, Inc. recover their costs, if any, of this appeal from appellants Roger and Lynne Reynolds.

Judgment entered this 20th day of December 2022.

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