Opinion
05-20-00956-CV
01-06-2022
JIMMY LEE MENIFEE, Appellant v. CITY OF DALLAS, MAYOR OF DALLAS, L.C. CHANDLER, ANDCAROL CHANDLER, Appellees
On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-20-03987-E
Before Justices Myers, Molberg, and Garcia
MEMORANDUM OPINION
DENNISE GARCIA, JUSTICE
Appellant Jimmy Lee Menifee sued appellees City of Dallas, Mayor of Dallas, L.C. Chandler, and Carol Chandler. The trial court dismissed Menifee's claims against City of Dallas, Mayor of Dallas, and L.C. Chandler. Menifee then perfected this appeal. Because there is no final judgment or other appealable order, we dismiss the appeal for lack of appellate jurisdiction.
With few exceptions, appellate jurisdiction is limited to appeals from final judgments. In re J.J.B., No. 05-16-01337-CV, 2017 WL 604047 at *1 (Tex. App.- Dallas Feb. 15, 2017, no pet.) (mem. op.); see also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree. Lehmann, 39 S.W.3d at 195. Here, the record reflects that Carol Chandler was served with process, but it does not show that Menifee's claims against her have been disposed of. Thus, the record does not show that a final judgment has been rendered in this case.
Some interlocutory orders are immediately appealable. See Tex. Civ. Prac. & Rem. Code § 51.014. But the trial court's orders dismissing Menifee's claims against City of Dallas, Mayor of Dallas, and L.C. Chandler do not fall into that category.
On December 14, 2021, we sent the parties a letter that notified them of the jurisdictional defect, requested appellant to file a jurisdictional letter brief within ten days, and cautioned appellant that failure to do so could result in dismissal of the appeal without further notice. To date, we have not received a jurisdictional brief.
We dismiss this appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a); see also Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 546 (Tex. App.-Dallas 2009, no pet.) ("Appellate jurisdiction is never presumed.
Unless the record affirmatively shows the propriety of appellate jurisdiction, we must dismiss.").
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED for want of appellate jurisdiction.
It is ORDERED that appellees City of Dallas, Mayor of Dallas, L.C. Chandler, and Carol Chandler recover their costs of this appeal from appellant Jimmy Lee Menifee.