From Casetext: Smarter Legal Research

Swanson v. Dall. Cnty.

Court of Appeals of Texas, Fifth District, Dallas
Nov 30, 2022
No. 05-22-00773-CV (Tex. App. Nov. 30, 2022)

Opinion

05-22-00773-CV

11-30-2022

TERRENCE SWANSON, Appellant v. DALLAS COUNTY, ET AL., Appellees


On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. TX-20-00397

Before Chief Justice Burns, Justice Nowell, and Justice Smith Opinion by Justice Smith

MEMORANDUM OPINION

CRAIG SMITH JUSTICE

This is an appeal from the trial court's order granting appellees' motion for summary judgment. In a September 30, 2022 letter, the Court notified appellant that, subject to mostly statutory exceptions, an appeal may be taken only 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). The summary judgment granted the appellees' request for collection of delinquent ad valorem taxes for the years 2019 and 2021. However, the summary judgment did not dispose of appellees' request for foreclosure of their liens, an order of sale, or attorney's fees, and no other order appeared to dispose of those claims. Thus, the summary judgment did not appear appealable. See Id. 1

Therefore, in order to determine jurisdiction, the Court requested that appellant file a letter addressing the Court's concern by October 10, 2022, or else risk dismissal of the appeal. To date, appellant has failed to file the requested letter brief. Accordingly, on the record before us, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),(c). 2

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED. 3


Summaries of

Swanson v. Dall. Cnty.

Court of Appeals of Texas, Fifth District, Dallas
Nov 30, 2022
No. 05-22-00773-CV (Tex. App. Nov. 30, 2022)
Case details for

Swanson v. Dall. Cnty.

Case Details

Full title:TERRENCE SWANSON, Appellant v. DALLAS COUNTY, ET AL., Appellees

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

Date published: Nov 30, 2022

Citations

No. 05-22-00773-CV (Tex. App. Nov. 30, 2022)