Texas Standard Construction, Ltd., TSC Management, Inc., Ron Dalton, and Sam Dalton v. TPG Pressure, Inc. D/B/A Thompson Pipe Group-Pressure

• Court: Court of Appeals of Texas
• Decided: April 25, 2024
• Docket: 05-23-01169-CV
• Status: Published

Opinion

Dismissed and Opinion Filed April 25, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01169-CV

TEXAS STANDARD CONSTRUCTION, LTD., TSC MANAGEMENT, INC., RON DALTON, AND SAM DALTON, Appellants V. TPG PRESSURE, INC. D/B/A THOMPSON PIPE GROUP-PRESSURE, Appellee

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-14780

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Garcia On January 30, 2024, we sent a letter to the parties questioning our jurisdiction

because the complained-of summary judgment order does not appear to be final or

an appealable interlocutory order. We directed appellants to file a letter brief

addressing our jurisdictional concern. Appellants responded to our jurisdictional

inquiry, conceding the complained-of order in this case does not dispose of all the

parties and claims and does not otherwise reflect the order is final. Appellee also

filed a letter brief agreeing that we lack jurisdiction over this appeal. Because a final

judgment or appealable interlocutory order is a prerequisite to this Court’s jurisdiction, and the record reflects neither, we dismiss this appeal. See Lehman v.

Har-Con, Corp., 39 S.W.3d 191, 195 (Tex. 2001).

231169f.p05 /Dennise Garcia/ DENNISE GARCIA JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TEXAS STANDARD On Appeal from the 160th Judicial CONSTRUCTION, LTD., TSC District Court, Dallas County, Texas MANAGEMENT, INC., RON Trial Court Cause No. DC-22-14780. DALTON, AND SAM DALTON, Opinion delivered by Justice Garcia. Appellants Justices Reichek and Goldstein participating. No. 05-23-01169-CV V.

TPG PRESSURE, INC. D/B/A THOMPSON PIPE GROUP- PRESSURE, Appellee

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

Judgment entered this 25th day of April, 2024.