Opinion
No. 05-15-01518-CV
02-09-2016
MICHELLE SUZANNE SMITH, Appellant v. TERRY PERRY, BENNY PERRY, AND DAVID PERRY, Appellees
On Appeal from the 429th Judicial District Court Collin County, Texas
Trial Court Cause No. 429-03527-2014
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Francis
In a letter dated January 14, 2016, the Court questioned its jurisdiction over this appeal. Specifically, there does not appear to be a final judgment. We instructed appellant to file, by January 25, 2016, a letter brief addressing our jurisdictional concern. We cautioned appellant that failure to file a jurisdictional brief within the time specified may result in dismissal of the appeal without further notice. As of today's date, appellant has not responded.
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.
Appellees sued several defendants. On October 13, 2015, the trial court signed a default judgment as to appellant, one of the defendants. Although appellees filed a motion to sever the claims against appellant from the rest of the defendants on November 18, 2015, the clerk's record does not contain an order granting a severance. On December 14, 2015, appellant filed a notice of restricted appeal. However, without a severance order, we lack jurisdiction over this appeal. See Teer v. Duddlesten, 664 S.W.2d 702, 703 (Tex. 1984).
Because there is no appealable order or final judgment against appellant, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Molly Francis/
MOLLY FRANCIS
JUSTICE 151518F.P05
JUDGMENT
On Appeal from the 429th Judicial District Court, Collin County, Texas.
Trial Court Cause No. 429-03527-2014.
Opinion delivered by Justice Francis. Justices Evans and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees TERRY PERRY, BENNY PERRY, AND DAVID PERRY recover their costs of this appeal from appellant MICHELLE SUZANNE SMITH. Judgment entered February 9, 2016.