Opinion
05-22-00638-CV
12-23-2022
TITO E. MARRERO, Appellant v. BANK OF AMERICA, N.A., SHARON MIDDLEBROOKS, SHERMAN ROBERTS, JENNIFER WRIGHT, CITYWIDE COMMUNITY DEVELOPMENT CORP., AND CONCEPT DEVELOPMENT CORP., Appellees
On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-14549
Before Chief Justice Burns, Justice Pedersen, III, and Justice Garcia, J.
MEMORANDUM OPINION
BILL PEDERSEN, III JUSTICE.
Appellant appeals from the trial court's June 9, 2022 "Order Administratively Closing Case" pursuant to the automatic stay in section 362 of the Bankruptcy Code. Generally, this Court has jurisdiction over final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (final judgment is one that disposes of all parties and claims); TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). Because the appealed order did not appear to be a final judgment or appealable interlocutory order, we questioned our jurisdiction over this appeal, directed appellant to file a letter brief addressing the jurisdictional issue, and cautioned him that failure to do so may result in dismissal of the appeal without further notice. As of today's date, appellant has not complied and the time to do so has passed.
An order administratively closing a case pursuant to the automatic stay under the Bankruptcy Code is not a final judgment and there is no statutory authority permitting an interlocutory appeal of such an order. Accordingly, we dismiss the appeal for want of jurisdiction. See 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 BANK OF AMERICA, N.A., SHARON MIDDLEBROOKS, SHERMAN ROBERTS, JENNIFER WRIGHT, CITYWIDE COMMUNITY DEVELOPMENT CORP., AND CONCEPT DEVELOPMENT CORP. recover their costs of this appeal from appellant TITO E. MARRERO.