Opinion
No. 05-19-01113-CV
11-06-2019
INTELITRAC, INC., A DELAWARE STATE CORPORATION, Appellant v. UMB FINANCIAL CORPORATION, A MISSOURI STATE FINANCIAL CORPORATION; UMB BANK, N.A., A NATIONAL BANKING ASSOCIATION; ZACH FEE, AN INDIVIDUAL; NICK ARTHACHINDA, AN INDIVIDUAL; AND KEVIN VON ATZIGEN, AN INDIVIDUAL, Appellees
On Appeal from the 95th District Court Dallas County, Texas
Trial Court Cause No. DC-17-00035
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Chief Justice Burns
This is an appeal from two summary judgment orders that disposed of appellant's claims against appellees but left pending a counterclaim for attorney's fees. On October 15, 2019, we construed a letter filed by appellees questioning our jurisdiction in light of the pending counterclaim as a motion to dismiss the appeal and requested a response from appellant. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeal may only be taken from final judgment that disposes of all claims and parties). By letter filed October 25, 2019, appellant concedes the appeal is premature. Accordingly, because a final judgment has not been signed, we grant appellees' motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 191113F.P05
JUDGMENT
On Appeal from the 95th District Court, Dallas County, Texas
Trial Court Cause No. DC-17-00035.
Opinion delivered by Chief Justice Burns, Justices Whitehill and Nowell participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER appellees UMB Financial Corporation, a Missouri State Financial Corporation; UMB Bank, N.A., a National Banking Association; Zach Fee, an Individual; Nick Arthachinda, an Individual; and Kevin von Atzigen, an Individual recover their costs, if any, of this appeal from appellant Intelitrac, Inc., a Delaware State Corporation. Judgment entered November 6, 2019.