DISMISS and Opinion Filed June 23, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00426-CV
IN THE INTEREST OF R.E.C. AND C.A.C., CHILDREN
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-51560-00
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
In a letter dated June 2, 2015, the Court questioned its jurisdiction over the appeal
because there did not appear to be an appealable order. We instructed appellant to file a letter
brief addressing our concern. Appellant did not file a jurisdictional brief. Rather, she filed a
motion to abate the appeal. In her motion, appellant informs the Court that proceedings in the
trial court have been abated “until at least the fall of 2015,” and that she has determined that the
orders appealed may not be final, appealable orders that dispose of all parties and issues. She
asks the Court to abate the appeal until resolution of the matters pending in the trial court.
This Court has jurisdiction only over appeals from final judgments and those
interlocutory orders specifically authorized 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 parties and claims.
See id.
Appellant appeals from two orders signed by the trial court on March 2, 2015 that ruled
on objections to summary judgment evidence and granted a motion for partial summary
judgment. The partial summary judgment did not resolve all claims. We decline appellant’s
request in her motion that we abate the appeal until resolution of the matters pending in the trial
court.
Because the orders appealed are neither final nor appealable interlocutory orders, this
Court lacks jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX.
R. APP. P. 42.3(a).
150426F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF R.E.C. AND On Appeal from the 401st Judicial District
C.A.C., CHILDREN Court, Collin County, Texas.
Trial Court Cause No. 401-51560-00.
No. 05-15-00426-CV Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Stoddart,
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee Douglas Brian Cannon recover his costs of this appeal
from appellant Susan Elizabeth Cannon.
Judgment entered June 23, 2015.
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