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Savarese v. Country. Home

Court of Appeals of Texas, Fifth District, Dallas
Jun 2, 2010
No. 05-10-00376-CV (Tex. App. Jun. 2, 2010)

Opinion

No. 05-10-00376-CV

Opinion issued June 2, 2010.

On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. CC-09-01287-B.

Before Justices BRIDGES, FITZGERALD, and FILLMORE.


MEMORANDUM OPINION


On April 23, 2010, the Court sent a letter to appellants questioning this Court's jurisdiction over this appeal. We explained that it appeared the trial court's December 1, 2009 judgment was not final because it does not dispose of defendant Barrett Daffin Frappier Turner Engel, L.L.P. An appeal may be taken only from a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We requested that appellants file a jurisdictional brief explaining how this Court has jurisdiction over the appeal. Appellants filed a letter brief. Appellees did not file a responsive letter brief.

The Court has reviewed appellants' jurisdictional letter brief. Appellants fail to explain how the trial court's December 1, 2009 judgment is final and appealable in light of the fact that it fails to dispose of one of the defendants. Because the trial court's judgment is not final, this Court lacks jurisdiction over the appeal. See Lehmann, 39 S.W.3d at 195.

Although appellants reference a severance order, they do not provide a date and the clerk's record does not reflect any such order.

Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).


Summaries of

Savarese v. Country. Home

Court of Appeals of Texas, Fifth District, Dallas
Jun 2, 2010
No. 05-10-00376-CV (Tex. App. Jun. 2, 2010)
Case details for

Savarese v. Country. Home

Case Details

Full title:ROBERT P. SAVARESE, ET AL., Appellants v. COUNTRYWIDE HOME LOANS, INC., ET…

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

Date published: Jun 2, 2010

Citations

No. 05-10-00376-CV (Tex. App. Jun. 2, 2010)