Opinion
05-23-00572-CV
07-20-2023
HEALTHY HOME 365, LLC AND EDGE AMERICA TECH, LLC, Appellants v. PREMIUM HOME EFFICIENCY, LLC, PREMIUM SOLAR PATIOS, LLC,ROBERT WRIGHT, JOHN HUNTER, BISHARA MUBARAK,LYNN SPIVEY, TRENT WALDO, AND KENDRA STREETS, Appellees
On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-03625
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
MEMORANDUM OPINION
ROBERT D. BURNS, III, CHIEF JUSTICE
Before the Court is the motion to dismiss the appeal for want of jurisdiction filed by appellees Premium Home Efficiency, LLC, Premium Solar Patios, LLC, Robert Wright, John Hunter, Lynn Spivey, Trent Waldo, and Kendra Streets (movant appellees). Appellants appeal from summary judgment orders dismissing their claims against appellees. In their motion to dismiss, movant appellees assert this Court lacks jurisdiction because their counterclaim for sanctions remains pending. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001) (when, as here, judgment does not follow conventional trial on merits, judgment is appealable if it actually disposes of every pending claim and party or "clearly and unequivocally" states it finally disposes of all claims and parties). Appellants did not file a response to the motion to dismiss and the time to do so has passed.
As reflected in the record, movant appellees asserted a counterclaim against appellants. The appealed orders disposed of appellants' claims against appellees but did not dispose of the counterclaim or contain language indicating they finally disposed of all claims and parties. See id. Additionally, nothing in the record before us reflected the counterclaim had otherwise been resolved. Accordingly, on the record before us, we grant appellees' motion and dismiss the appeal. See id.; see also Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees PREMIUM HOME EFFICIENCY, LLC, PREMIUM SOLAR PATIOS, LLC, ROBERT WRIGHT, JOHN HUNTER, BISHARA MUBARAK, LYNN SPIVEY, TRENT WALDO, AND KENDRA STREETS recover their costs of this appeal from appellants HEALTHY HOME 365, LLC AND EDGE AMERICA TECH, LLC.
Judgment entered July 20, 2023