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Burnett v. CIM Mgmt. Grp.

Court of Appeals of Texas, Third District, Austin
May 24, 2024
No. 03-23-00874-CV (Tex. App. May. 24, 2024)

Opinion

03-23-00874-CV

05-24-2024

Kenneth A. Burnett II, Appellant v. CIM Management Group, Appellee


FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-20-004833, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

Before Chief Justice Byrne, Justices Smith and Theofanis

MEMORANDUM OPINION

Darlene Byrne, Chief Justice

Appellant Kenneth A. Burnett II filed a notice of appeal complaining of the trial court's corrected release of judgment. Upon initial review, the Clerk of this Court sent Burnett a letter informing him that this Court appears to lack jurisdiction over the appeal because our jurisdiction is limited to appeals in which there exists a final or appealable judgment or order. See Tex. Civ. Prac. & Rem. Code § 51.012; Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (explaining that appeal generally may only be taken from final judgment that disposes of all pending parties and claims in record unless statute provides for interlocutory appeal). In this case, the original judgment is over two years old, and it does not appear that the release of the judgment creditor here constitutes a separate appealable final order. See CIM Mgmt. Group v. Burnett, No. 03-21-00229-CV, 2022 WL 3567782, at *1 (Tex. App.-Austin Aug. 19, 2022, no pet.) (mem. op.) (appealing original final judgment). The Clerk requested a response on or before May 8, 2024, informing this Court of any basis that exists for jurisdiction. Burnett failed to file any response.

We therefore dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Dismissed for Want of Jurisdiction


Summaries of

Burnett v. CIM Mgmt. Grp.

Court of Appeals of Texas, Third District, Austin
May 24, 2024
No. 03-23-00874-CV (Tex. App. May. 24, 2024)
Case details for

Burnett v. CIM Mgmt. Grp.

Case Details

Full title:Kenneth A. Burnett II, Appellant v. CIM Management Group, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: May 24, 2024

Citations

No. 03-23-00874-CV (Tex. App. May. 24, 2024)