Tito E. Marrero v. Bank of America Corporation, Sharon Middlebrooks, Sherman Roberts, Jennifer Wright, and Concept Development Corporation

Opinion

DISMISS and Opinion Filed December 23, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00638-CV

TITO E. MARRERO, Appellant V. BANK OF AMERICA, N.A., SHARON MIDDLEBROOKS, SHERMAN ROBERTS, JENNIFER WRIGHT, CITYWIDE COMMUNITY DEVELOPMENT CORP., AND CONCEPT DEVELOPMENT CORP., Appellees

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-14549

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Garcia Opinion by Justice Pedersen, III Appellant appeals from the trial court’s June 9, 2022 “Order Administratively

Closing Case” pursuant to the automatic stay in section 362 of the Bankruptcy Code.

Generally, this Court has jurisdiction over final judgments and certain interlocutory

orders as permitted by statute. See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195

(Tex. 2001) (final judgment is one that disposes of all parties and claims); TEX. CIV.

PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders).

Because the appealed order did not appear to be a final judgment or appealable interlocutory order, we questioned our jurisdiction over this appeal, directed

appellant to file a letter brief addressing the jurisdictional issue, and cautioned him

that failure to do so may result in dismissal of the appeal without further notice. As

of today’s date, appellant has not complied and the time to do so has passed.

An order administratively closing a case pursuant to the automatic stay under

the Bankruptcy Code is not a final judgment and there is no statutory authority

permitting an interlocutory appeal of such an order. Accordingly, we dismiss the

appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

220638f.p05 /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE

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

TITO E. MARRERO, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-22-00638-CV V. Trial Court Cause No. DC-21-14549. Opinion delivered by Justice BANK OF AMERICA, N.A., Pedersen, III. Chief Justice Burns and SHARON MIDDLEBROOKS, Justice Garcia participating. SHERMAN ROBERTS, JENNIFER WRIGHT, CITYWIDE COMMUNITY DEVELOPMENT CORP., AND CONCEPT DEVELOPMENT CORP., Appellees

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

It is ORDERED that appellees BANK OF AMERICA, N.A., SHARON MIDDLEBROOKS, SHERMAN ROBERTS, JENNIFER WRIGHT, CITYWIDE COMMUNITY DEVELOPMENT CORP., AND CONCEPT DEVELOPMENT CORP. recover their costs of this appeal from appellant TITO E. MARRERO.

Judgment entered this 23rd day of December, 2022.

–3–