Opinion
05-21-00749-CV
11-10-2021
JEFFREY ALLEN KRAUSE, Appellant v. JASON CHEN, Appellee
On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-01778-2021
Before Justices Schenck, Smith, and Garcia
MEMORANDUM OPINION
DAVID J. SCHENCK JUSTICE
It is well-settled that an appeal may only be taken from a final judgment that disposes of all parties and claims or an interlocutory order as authorized by statute. See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). The appealed order here, the trial court's order reinstating the case and for writ of possession, is neither.
The case was abated due to appellant filing for bankruptcy and was reinstated after the bankruptcy court granted relief from the automatic stay imposed by section 362 of the bankruptcy code. See 11 U.S.C. § 362.
Seemingly recognizing that, appellant moved for permission from the trial court to appeal the order under Texas Civil Practice and Remedies Code section 51.014(d) which provides for an appeal from an otherwise unappealable interlocutory order when the trial court grants permission and the order involves, in part, a controlling question of law as to which a substantial ground for difference of opinion exists. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d). Because the record before us did not reflect the trial court had granted permission, we questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern no later than October 11, 2021. Although we cautioned that failure to comply could result in the appeal being dismissed without further notice, appellant has not complied and appellee has now moved to dismiss the appeal for want of jurisdiction and for failure to comply with a court directive. See Tex. R. App. P. 42.3(a), (c). We grant the motion and dismiss the appeal. See id. 42.3(a), (c).
Once a trial court grants permission, the party seeking to appeal must petition the court of appeals for permission to appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f); Tex.R.App.P. 28.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Jason Chen recover his costs, if any, of this appeal from appellant Jeffrey Allen Krause.