DISMISS and Opinion Filed January 27, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01508-CV
FEYSAL AYATI-GHAFFARI, Appellant
V.
JPMORGAN CHASE BANK, N.A., Appellee
On Appeal from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-03108-2013
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
Before the Court is appellee’s amended motion to dismiss the appeal. Appellee contends
the appeal should be dismissed for want of jurisdiction. Specifically, appellee contends there is
no final judgment.
Generally, this Court has jurisdiction only over appeals from final judgments. 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.
Appellant asserted claims against appellee. Appellee, in turn, asserted counterclaims
against appellant and third-party claims against third-party defendant Irana Haghnazari.
Appellee filed a motion for summary judgment and motion to dismiss with respect to appellant’s
claims against it. In two orders signed on September 15, 2014, the trial court granted appellee’s
motions and dismissed all of appellant’s claims against appellee. Appellee’s counterclaims
against appellant and third-party claims against the third-party defendant remain pending in the
trial court.
In his response to the motion to dismiss, appellant contends the order granting summary
judgment is final because appellant sought summary judgment against him alone, not the third-
party defendant. The determining factor for jurisdictional purposes, however, is whether the
judgment disposes of all parties and all claims. See Lehmann, 39 S.W.3d at 195. Appellant also
notes that he filed a motion to sever following the trial court’s September 15, 2014 orders. The
trial court, however, did not grant the motion to sever.
Because claims remain pending in the trial court, the judgment is not final and this Court
lacks jurisdiction. Accordingly, we grant appellant’s amended motion and dismiss the appeal.
See TEX. R. APP. P. 42.3(a).
141508F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FEYSAL AYATI-GHAFFARI, Appellant On Appeal from the 417th Judicial District
Court, Collin County, Texas.
No. 05-14-01508-CV V. Trial Court Cause No. 417-03108-2013.
Opinion delivered by Chief Justice Wright.
JPMORGAN CHASE BANK, N.A., Justices Lang-Miers and Stoddart,
Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee JPMORGAN CHASE BANK, N.A. recover its costs of
this appeal from appellant FEYSAL AYATI-GHAFFARI.
Judgment entered January 27, 2015.
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