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Dametie v. Callins

Court of Appeals of Texas, Fifth District, Dallas
Aug 18, 2021
No. 05-21-00116-CV (Tex. App. Aug. 18, 2021)

Opinion

05-21-00116-CV

08-18-2021

TADELE DAMETIE, Appellant v. CHARLOTTE-MARIE CALLINS, Appellee


On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09479

Before Chief Justice Burns, Justice Molberg, and Justice Smith

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

We questioned our jurisdiction over this appeal because there did not appear to be a final judgment or other appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally appellate courts have jurisdiction over final judgments or certain interlocutory orders permitted by statute); TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). We instructed appellant to file a letter brief and cautioned her that failure to do so may result in dismissal of the appeal without further notice. As of today's date, appellant has not responded.

Appellee sued five defendants. By orders signed on September 29, 2020 and October 27, 2020, the trial court granted default judgment against four of the defendants, including appellant. Appellee's claims against Santiago Real Estate Investors, however, remain pending in the trial court. Because claims remain pending in the underlying lawsuit, this Court lacks jurisdiction over this appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

In her notice of appeal, appellant states she is appealing from the trial court's January 26, 2021 order denying her motion to reinstate.

JUDGMENT

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

It is ORDERED that appellee CHARLOTTE-MARIE CALLINS recover her costs of this appeal from appellant TADELE DAMETIE.

Judgment entered August 18, 2021


Summaries of

Dametie v. Callins

Court of Appeals of Texas, Fifth District, Dallas
Aug 18, 2021
No. 05-21-00116-CV (Tex. App. Aug. 18, 2021)
Case details for

Dametie v. Callins

Case Details

Full title:TADELE DAMETIE, Appellant v. CHARLOTTE-MARIE CALLINS, Appellee

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

Date published: Aug 18, 2021

Citations

No. 05-21-00116-CV (Tex. App. Aug. 18, 2021)