Opinion
No. 05-20-00312-CV
06-23-2020
ISABELLE EDWARDS, Appellant v. SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS, Appellee
On Appeal from the 101st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-08078
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Osborne
The Court questioned its jurisdiction over this appeal because there did not appear to be a final judgment or other appealable order. We instructed appellant to file, by April 8, 2020, a letter brief addressing the jurisdictional issue and cautioned her that failure to comply may result in dismissal of the appeal without further notice. As of today's date, appellant has not responded.
Generally, appellate courts have 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); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a). A final judgment is one that disposes of all parties and claims. See id.
In the notice of appeal, appellant states she is appealing the trial court's judgment signed on February 6, 2020. The clerk's record does not contain a judgment signed on that date. The trial court signed an order on February 6, 2020 granting the plea in abatement filed by AT&T, Inc. At that time, appellant also had claims pending against SBC Communication, Inc., AT&T Small Business Services, and John Doe. Appellant amended her petition on March 4, 2020 asserting claims only against Southwestern Bell Telephone Company d/b/a AT&T Texas.
The trial court's February 6th order did not resolve all claims pending at that time and is not otherwise subject to an interlocutory appeal. Moreover, appellant's claims against Southwestern Bell Telephone Company remain pending. For these reasons, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE 200312F.P05
JUDGMENT
On Appeal from the 101st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-19-08078.
Opinion delivered by Justice Osborne. Justices Whitehill and Carlyle participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS recover its costs of this appeal from appellant ISABELLE EDWARDS. Judgment entered June 23, 2020