Wafer v. Hilltop Residential

Full title: MIA WAFER, Appellant v. HILLTOP RESIDENTIAL, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 29, 2022

No. 05-22-00546-CV (Tex. App. Aug. 29, 2022)

Opinion

05-22-00546-CV

08-29-2022

MIA WAFER, Appellant v. HILLTOP RESIDENTIAL, Appellee

ROBERT D. BURNS, III CHIEF JUSTICE.

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-22-00777-D

Before Chief Justice Burns, Justice Molberg, and Justice Smith

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE.

After reviewing the clerk's record, the Court questioned its jurisdiction over this appeal because the judgment is not definite in its award of appellate attorney's fees. We directed appellant to file a letter brief addressing the Court's concern with an opportunity for appellee to respond.

Generally, an appeal may be taken only from a judgment that is final and definite. See Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985) (per curiam). A judgment is final if it disposes of all parties and issues; it is definite if it defines the parties' rights or "provide[s] a definite means of ascertaining [the parties'] rights" such that "ministerial officers can carry the judgment to execution without ascertainment of facts" not stated in the judgment. Id. (quoting Steed v. State, 183 S.W.2d 458, 460 (Tex. 1944)).

The trial court's judgment in the underlying forcible detainer action awards to appellee possession of the property, attorney's fees through trial in the amount of $1,000 and "in the event of an unsuccessful appeal by [appellant], any reasonable and necessary amounts." The award of appellate attorney's fees is not definite such that ministerial officers could carry the judgment to execution without ascertainment of facts not stated in the judgment. See id. In her letter brief, appellant addresses the timeliness of the appeal which the Court does not dispute. She fails to address the indefinite award of appellate attorney's fees.

Because the judgment does not set the amount of appellate attorney's fees awarded in the event of an unsuccessful appeal, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(a).

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

Judgment entered.