Opinion
No. 05-16-00038-CV
03-09-2016
JEANETTE LOUISE JOHNSON, Appellant v. DUNN ERIC JOHNSON, Appellee
On Appeal from the 301st Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-01-15996-T
MEMORANDUM OPINION
Before Justices Fillmore, Stoddart, and Schenck
Opinion by Justice Fillmore
In a letter dated January 27, 2016, the Court questioned its jurisdiction over this appeal because there did not appear to be a final judgment. We instructed appellant to file a letter brief, by February 10, 2016, addressing our jurisdictional concern 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 filed a response.
The trial court signed a default judgment on October 30, 2015. Appellant filed a timely motion for new trial on November 20, 2015. On January 11, 2016, appellant filed a notice of appeal from the default judgment. Four days later, on January 15, 2016, the trial court signed an order granting appellant's motion for new trial. In that order, the trial court ordered appellant to pay appellee $400 in attorney's fees by February 1, 2016. Appellant then filed an amended notice of appeal on January 25, 2016 related to the attorney's fee award.
Appellant states in the amended notice of appeal that she is appealing the award of attorney's fees in the trial court's December 17, 2015 memorandum ruling. It appears from the trial court's docket sheet that the hearing on the motion for new trial was held on December 17, 2015 but the order granting the motion for new trial was signed on January 15, 2016. --------
Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id. Moreover, an order granting a new trial deprives an appellate court of jurisdiction over the appeal. See Yan v. Jiang, 241 S.W.3d 930 (Tex. App.—Dallas 2008, no pet.).
The trial court's January 15, 2016 order granting a new trial deprives this Court of jurisdiction and the award of attorney's fees in that order is not an appealable interlocutory order. See Yan, 241 S.W.3d 930; Lehmann, 39 S.W.3d at 195. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE 160038F.P05
JUDGMENT
On Appeal from the 301st Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DF-01-15996-T.
Opinion delivered by Justice Fillmore. Justices Stoddart and Schenck participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee DUNN ERIC JOHNSON recover his costs of this appeal from appellant JEANETTE LOUISE JOHNSON. Judgment entered this 9th day of March, 2016.