Sarah Catherine Norris Alford and WMC Vista Holdings, LLC v. JP-8 Comm, LLC, JP-25 Washington, LLC, JP-44 Mont, LLC, JP-60 Mont, LLC, JP-601 Court, LLC, JP-Benham, LLC, JP-Decatur, LLC, JP-Goodlett, LLC

• Court: Court of Appeals of Texas
• Decided: November 16, 2022
• Docket: 05-22-00907-CV
• Status: Published

Opinion

DISMISS and Opinion Filed November 16, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00907-CV

SARAH CATHERINE NORRIS ALFORD AND WMC VISTA HOLDINGS, LLC, Appellants V. JP-8 COMM, LLC, ET AL., Appellees

On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-03896-2021

MEMORANDUM OPINION Before Chief Justice Burns and Justices Molberg and Pedersen, III Opinion by Chief Justice Burns This appeal from the trial court’s interlocutory summary judgment was filed

in anticipation of the trial court granting permission to appeal the otherwise

unappealable order. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272

(Tex. 1992) (appeal may be taken only from final judgment that disposes of all issues

between parties or interlocutory order authorized by statute); TEX. R. CIV. P. 168

(authorizing trial court to permit appeal from interlocutory order not otherwise

appealable); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (authorizing

permissive appeal if certain requirements are met). Because a permissive appeal is commenced by petition filed after the trial court grants permission, see TEX. R. APP.

P. 28.3(a), we ordered appellants to show cause why this appeal should not be

dismissed for want of jurisdiction. More than ten days have passed since our show

cause order and appellants have not responded. Accordingly, we dismiss the appeal.

See id. 42.3(a).

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

220907F.P05

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

SARAH CATHERINE NORRIS On Appeal from the 429th Judicial ALFORD AND WMC VISTA District Court, Collin County, Texas HOLDINGS, LLC, Appellants Trial Court Cause No. 429-03896- 2021. No. 05-22-00907-CV V. Opinion delivered by Chief Justice Burns, Justices Molberg and JP-8 COMM, LLC, JP-25 Pedersen, III participating. WASHINGTON, LLC, JP-44 MONT, LLC, JP-60 MONT, LLC, JP-601 COURT, LLC, JP-BERHAM, LLC, JP-DECATUR, LLC, JP- GOODLETT, LLC, JP-CB, LLC, AND LIBERTY BANKERS LIFE INSURANCE COMPANY, Appellees

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

We ORDER that appellees JP-8 Comm, LLC, JP-25 Washington, LLC, JP- 44 Mont, LLC, JP-60 Mont, LLC, JP-601 Court, LLC, JP-Berham, LLC, JP-Decatur, LLC, JP-Goodlett, LLC, JP-CB, LLC, and Liberty Bankers Life Insurance Company recover their costs, if any, of this appeal from appellants Sarah Catherine Norris Alford and WMC Vista Holdings, LLC.

Judgment entered this 16th day of November 2022.

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