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Brannon v. Kaur

Court of Appeals Fifth District of Texas at Dallas
Sep 21, 2020
No. 05-20-00718-CV (Tex. App. Sep. 21, 2020)

Opinion

No. 05-20-00718-CV

09-21-2020

MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS, Appellants v. KAMALJIT KAUR, Appellee


On Appeal from the 417th Judicial District Court Collin County, Texas
Trial Court Cause No. 417-03733-2019

MEMORANDUM OPINION

Before Justices Molberg, Carlyle, and Browning
Opinion by Justice Molberg

This is an appeal from the trial court's August 3, 2020 order denying appellant's motion for summary judgment because there is a fact issue to be resolved. Because the record does not reflect a final judgment has been signed, and an order denying a motion for summary judgment is not an appealable interlocutory order, we questioned our jurisdiction over the appeal and directed appellants to file a letter brief addressing our concern with an opportunity for appellee to respond. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (appeal may be taken from final judgment or interlocutory order authorized by statute); Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 625 (Tex. 1996) (denial of motion for summary judgment not reviewable on appeal).

Although appellants filed two letter briefs, nothing therein demonstrates this Court's jurisdiction over the appeal. Because the appealed order is interlocutory and nothing before us reflects a final judgment has been signed, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Ken Molberg//

KEN MOLBERG

JUSTICE 200718f.p05

JUDGMENT

On Appeal from the 417th Judicial District Court, Collin County, Texas
Trial Court Cause No. 417-03733-2019.
Opinion delivered by Justice Molberg. Justices Carlyle and Browning participating.

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

It is ORDERED that appellee KAMALJIT KAUR recover her costs of this appeal from appellants MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS. Judgment entered this 21st day of September, 2020.


Summaries of

Brannon v. Kaur

Court of Appeals Fifth District of Texas at Dallas
Sep 21, 2020
No. 05-20-00718-CV (Tex. App. Sep. 21, 2020)
Case details for

Brannon v. Kaur

Case Details

Full title:MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS, Appellants v…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Sep 21, 2020

Citations

No. 05-20-00718-CV (Tex. App. Sep. 21, 2020)

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