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Koshel v. Sanders

Court of Appeals of Texas, Fifth District, Dallas
Jan 12, 2006
No. 05-05-01544-CV (Tex. App. Jan. 12, 2006)

Opinion

No. 05-05-01544-CV

Opinion Filed January 12, 2006.

On Appeal from the 95th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-05594-D.

Dismissed.

Before Justices WHITTINGTON, FRANCIS, and LANG.


MEMORANDUM OPINION


On December 2, 2005, Peter R. Koshel filed an amended notice of appeal in this case stating that he was appealing the trial court's November 3, 2005 order. Subsequently, we received a copy of the trial court's order, which set aside a default judgment granted by the associate judge and ordered a new trial.

A trial court's order setting aside a default judgment and granting a motion for new trial is not reviewable by direct appeal or from a final judgment rendered after further trial court proceedings. See Cummins v. Paisan Const. Co., 682 S.W.2d 235, 235-36 (Tex. 1984) (per curiam); Otis Spunkmeyer, Inc. v. Blakely, 30 S.W.3d 678, 683 (Tex.App.-Dallas 2000, no pet.). Consequently, we requested appellant file a brief explaining how this Court has jurisdiction over this appeal. On December 13, 2005, we received appellant's letter brief. After considering appellant's brief and the papers on file, this Court concludes it does not have jurisdiction over this appeal.

Accordingly, we DISMISS the appeal for want of jurisdiction. See Cummins, 682 S.W.2d at 235-36.


Summaries of

Koshel v. Sanders

Court of Appeals of Texas, Fifth District, Dallas
Jan 12, 2006
No. 05-05-01544-CV (Tex. App. Jan. 12, 2006)
Case details for

Koshel v. Sanders

Case Details

Full title:PETER R. KOSHEL, Appellant, v. SYLVIA G. SANDERS, Appellee

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

Date published: Jan 12, 2006

Citations

No. 05-05-01544-CV (Tex. App. Jan. 12, 2006)