Thomas G. Brown D/B/A/ B & B Construction Company v. Richard Crow and First State Bank of Texas

Opinion

DISMISS and Opinion Filed August 30, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00551-CV

THOMAS G. BROWN D/B/A B & B CONSTRUCTION COMPANY, Appellant V. RICHARD CROW AND FIRST STATE BANK OF TEXAS, Appellees

On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 56,631

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Reichek By this appeal, Thomas G. Brown d/b/a B & B Construction Company challenges the trial

court’s April 22, 2019 order granting in part and denying in part First State Bank of Texas’s motion

for summary judgment. Because the order did not dispose of all of Brown’s claims against the

Bank and did not address Brown’s claims against Richard Crow, 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, appeals may only be taken from final judgments that dispose of all

parties and claims). Both Brown and the Bank filed jurisdictional letter briefs, and neither disputes

claims remain pending. Accordingly, because claims remain pending, we lack jurisdiction and

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

/Amanda L. Reichek/ 190551F.P05 AMANDA L. REICHEK JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

THOMAS G. BROWN D/B/A B & B On Appeal from the 86th Judicial District CONSTRUCTION COMPANY, Appellant Court, Kaufman County, Texas Trial Court Cause No. 56,631. No. 05-19-00551-CV V. Opinion delivered by Justice Reichek, Justices Schenck and Osborne participating. RICHARD CROW AND FIRST STATE BANK OF TEXAS, Appellees

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

We ORDER that appellees Richard Crow and First State Bank of Texas recover their costs, if any, of this appeal from appellant Thomas G. Brown d/b/a B & B Construction Company.

Judgment entered August 30, 2019.

–2–