Summary
dismissing appeal of order denying motion to reopen case for want of jurisdiction
Summary of this case from Moore v. Tex. Dep't of Criminal JusticeOpinion
No. 05-16-00665-CV
07-29-2016
LAKEITH AMIR-SHARIF, Appellant v. CHESTER CADIEUX, III AND QUICK TRIP CORPORATION, Appellees
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-03842
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Evans and Stoddart
Opinion by Chief Justice Wright
By letter dated June 21, 2016, the Court questioned its jurisdiction over the appeal because there does not appear to be a final judgment. We instructed appellant to file, by July 15, 2016, a letter brief addressing our concern 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 filed a response.
Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all parties and claims. See id.
In the notice of appeal, appellant states that he "intends to appeal [to this Court] the trial court's implicit denial of Plaintiff's Motion to Reopen Case, filed on September 01, 2015." The notice of appeal does not reference a final judgment or appealable interlocutory order. For this reason, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 160665F.P05
JUDGMENT
On Appeal from the 191st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-14-03842.
Opinion delivered by Chief Justice Wright. Justices Evans and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees CHESTER CADIEUX, III AND QUICK TRIP CORPORATION recover their costs of this appeal from appellant LAKEITH AMIR-SHARIF. Judgment entered July 29, 2016.