Opinion
No. 05-19-00793-CV
10-07-2019
SCHYYRA HAYES, Appellant v. FRANK M. D'ALESSANDRO, KIPENIE ANNE D'ALESSANDRO, A.P. INVESTMENTS, LLC, LIONEL AUSTIN, JR., Appellees
On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-05514-2017
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
Opinion by Chief Justice Burns
We questioned our jurisdiction over this appeal from the trial court's June 14, 2019 order granting appellees' motion for summary judgment as it did not appear the judgment resolved all claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appellate court has jurisdiction over appeals from final judgments that dispose of all parties and claims). We directed appellant to file a letter brief addressing our concern, but more than ten days have passed, and she has not responded.
The summary judgment from which appellant appeals disposed of her claims against appellees and determined appellees were entitled to attorney's fees. However, it did not determine the amount of fees or address counterclaims asserted against appellant, and nothing in the record before us reflects those claims have been resolved. Accordingly, we lack jurisdiction and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 190793F.P05
JUDGMENT
On Appeal from the 401st Judicial District Court, Collin County, Texas
Trial Court Cause No. 401-05514-2017.
Opinion delivered by Chief Justice Burns, Justices Whitehill and Molberg participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered October 7, 2019.