Westmere Capital LLC v. C. Joseph Gampper, Al Karmali, and CJG Development Group, LLC

• Court: Court of Appeals of Texas
• Decided: April 6, 2022
• Docket: 05-21-01017-CV
• Status: Published

Opinion

Dismiss and Opinion Filed April 6, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-01017-CV

WESTMERE CAPITAL LLC, Appellant

V.

C. JOSEPH GAMPPER, AL KARMALI, AND CJG DEVELOPMENT GROUP, LLC, Appellees

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-15717

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Justice Molberg Appellant has filed a petition for permissive appeal by which it seeks to appeal

the trial court’s interlocutory partial summary judgment finding a non-judicial

foreclosure sale it held was not valid under Texas Property Code section 51.002. See

TEX. PROP. CODE ANN. § 51.002 (setting forth requirements for sale of real property

under contract lien); TEX. R. APP. P. 28.3 (concerning permissive appeals). After

considering the petition and response, we deny the petition and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Gulf Coast Asphalt Co., L.L.C.

v. Lloyd, 457 S.W.3d 539, 545 (Tex. App.—Houston [14th Dist.] 2015, no pet.).

/Ken Molberg// 211017f.p05 KEN MOLBERG JUSTICE

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

WESTMERE CAPITAL LLC, On Appeal from the 134th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-20-15717. No. 05-21-01017-CV V. Opinion delivered by Justice Molberg, Chief Justice Burns and C. JOSEPH GAMPPER, AL Justice Smith participating. KARMALI, AND CJG DEVELOPMENT GROUP, LLC, Appellees

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

We ORDER that appellees C. Joseph Gampper, Al Karmali, and CJG Development Group, LLC recover their costs, if any, of this appeal from appellant Westmere Capital LLC.

Judgment entered this 6th day of April, 2022.

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