Opinion
05-22-00005-CV
04-04-2022
JOE SPILLMAN, Appellant v. THE LAS COLINAS ASSOCIATION, Appellee
On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-06000
Before Justices Myers, Osborne, and Nowell
MEMORANDUM OPINION
LESLIE OSBORNE JUSTICE
By notice of appeal filed on January 5, 2022, appellant challenges the December 14, 2021 summary judgment determining appellee is entitled to judgment as a matter of law in its case-in-chief, but leaving open for a later date the determination of attorney's fees. Generally, an appeal may only be taken from a final judgment that disposes of all parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because the challenged summary judgment left open the determination of attorney's fees, we questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern. Appellant conceded in his letter brief that the summary judgment order is not final.Accordingly, with no appealable order before us, we dismiss the appeal. See Tex. R. App. P. 42.3(a).
Although given an opportunity to respond, appellee has not responded.
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee The Las Colinas Association recover its costs, if any, of this appeal from appellant Joe Spillman.