Opinion
05-22-01211-CV
02-23-2023
PACK PROPERTIES XIV, LLC AND T&T REALTY CORP., Appellants v. REMINGTON PROSPER, LLC, Appellee
On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-04301-2021
Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
We questioned our jurisdiction over this appeal from three summary judgment orders as the orders did not, individually or in combination, appear to dispose of all claims and parties. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally, appeal may only be taken from final judgment that disposes of all parties and claims). At our request, the parties filed jurisdictional letter briefs.
After appellants' letter brief was filed, the trial judge signed an order that clarified that parties and claims remain pending. Accordingly, because claims remain pending, we lack jurisdiction and dismiss the appeal. See Tex. R. App. P. 42.3(a); Lehmann, 39 S.W.3d at 195.
In their letter brief, appellants argued that, based on a "306a letter" that the district clerk had sent them following the signing of the summary judgment orders and that informed them that "an appealable order or other final order disposing of the case" had been signed, it appeared the trial court intended the summary judgment orders to be final. See Tex. R. Civ. P. 306a(3) (requiring court clerk to immediately give parties notice when final judgment or other appealable order is signed); see also Lehmann, 39 S.W.3d at 205 (when no conventional trial on the merits has occurred, order or judgment is final and appealable if it clearly shows trial court intended to completely dispose of entire case). Appellants requested that, in the event we were uncertain, we abate the appeal for the trial court to clarify its intent. See id. at 206. Appellee informed the Court in its letter brief of the clarifying order.
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Remington Prosper, LLC recover its costs, if any, of this appeal from appellants Pack Properties XIV, LLC and T&T Realty Corp.
Judgment entered.