Terrence Swanson v. Dallas County

• Court: Court of Appeals of Texas
• Decided: November 30, 2022
• Docket: 05-22-00773-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed November 30, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00773-CV

TERRENCE SWANSON, Appellant V. DALLAS COUNTY, ET AL., Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. TX-20-00397

MEMORANDUM OPINION Before Chief Justice Burns, Justice Nowell, and Justice Smith Opinion by Justice Smith This is an appeal from the trial court’s order granting appellees’ motion for

summary judgment. In a September 30, 2022 letter, the Court notified appellant that,

subject to mostly statutory exceptions, an appeal may be taken only from a final

judgment that disposes of all parties and claims. See Lehmann v. Har-Con Corp., 39

S.W.3d 191, 195 (Tex. 2001). The summary judgment granted the appellees’ request

for collection of delinquent ad valorem taxes for the years 2019 and 2021. However,

the summary judgment did not dispose of appellees’ request for foreclosure of their

liens, an order of sale, or attorney’s fees, and no other order appeared to dispose of

those claims. Thus, the summary judgment did not appear appealable. See Id. Therefore, in order to determine jurisdiction, the Court requested that

appellant file a letter addressing the Court’s concern by October 10, 2022, or else

risk dismissal of the appeal. To date, appellant has failed to file the requested letter

brief. Accordingly, on the record before us, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a),(c).

/Craig Smith/ CRAIG SMITH JUSTICE

220773F.P05

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

TERRANCE SWANSON, Appellant On Appeal from the 44th District Court, Dallas County, Texas No. 05-22-00774-CV V. Trial Court Cause No. TX-20-00397. Opinion delivered by Justice Smith. DALLAS COUNTY, PARKLAND Chief Justice Burns and Justice HOSPITAL DISTRICT, DALLAS Nowell participating. COUNTY COMMUNITY COLLEGE DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, DALLAS INDEPENDENT SCHOOL DISTRICT AND CITY OF DALLAS, Appellees

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

Judgment entered November 30, 2022.

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