Tram Tran v. David Stidd

• Court: Court of Appeals of Texas
• Decided: October 6, 2020
• Docket: 05-20-00572-CV
• Status: Published

Opinion

DISMISS and Opinion Filed October 6, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00572-CV

TRAM TRAN, Appellant V. DAVID STIDD, Appellee

On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-06-02457-V

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns In her pending motion for an extension of time to file her notice of appeal,

appellant states she appeals from the trial court’s December 17, 2019 dismissal of

the underlying case. After receiving notice from the district clerk’s office that the

trial court had not signed a dismissal order, we questioned our jurisdiction over this

appeal. At our request, appellant filed a letter brief addressing our concern.

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); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). A final judgment is one that disposes of all

parties and all claims. See Lehmann, 39 S.W.3d at 195.

In her letter brief, appellant fails to provide any authority demonstrating our

jurisdiction over this appeal. In the absence of an order to review, this Court lacks

appellate jurisdiction. See id. Accordingly, we deny as moot appellant’s motion for

an extension of time to file her notice of appeal and dismiss the appeal for want of

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

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

200572F.P05

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

TRAM TRAN, Appellant On Appeal from the 303rd Judicial District Court, Dallas County, Texas No. 05-20-00572-CV V. Trial Court Cause No. DF-06-02457- V. DAVID STIDD, Appellee Opinion delivered by Chief Justice Burns. Justices Whitehill and Molberg participating.

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

Judgment entered October 6, 2020

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