Dismiss and Opinion Filed September 29, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00644-CV
JOHN YI, Appellant
V.
BONG KO, Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-10821-E
MEMORANDUM OPINION
Before Justices Lang, Evans, and Whitehill
Opinion by Justice Evans
Subject to a few mostly statutory exceptions, we have jurisdiction only over appeals from
final judgments and orders, that is, judgments and orders disposing of all parties and claims.
Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The judgment and order appellant
appeals, a default judgment and order denying appellant’s sworn motion for new trial and to set
aside the default judgment, dispose only of appellee’s claims against appellant and not appellee’s
claims against two other parties. Although appellee filed a notice nonsuiting the two other
parties after obtaining the default judgment, the trial court did not sign an order of nonsuit. See
Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam) (“When a judgment
is interlocutory because unadjudicated parties or claims remain before the court, and when one
moves to have such unadjudicated claims or parties removed by severance, dismissal, or nonsuit,
the appellate timetable runs from the signing of a judgment or order disposing of those claims or
parties.”).
Because it appeared no final judgment existed, we directed the parties to file letter briefs
addressing our jurisdiction. In his brief, appellant agrees no final judgment exists. Appellee,
however, noting the trial court closed the case and cancelled the trial setting upon the filing of
the notice of nonsuit, asserts all parties and claims were disposed by the combination of the
default judgment, notice of nonsuit, and trial court’s closure of the case. We are unpersuaded by
appellee’s arguments. See Farmer, 907 S.W.2d at 496; see also Park Place Hosp. v. Estate of
Milo, 909 S.W.2d 508, 510 (Tex. 1999) (although notice of nonsuit filed, appellate timetable not
triggered until trial court signed written order of dismissal). Accordingly, we dismiss the appeal.
TEX. R. APP. P. 42.3(a), 43.2(f).
/David W. Evans/
DAVID EVANS
150644F.P05 JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOHN YI, Appellant On Appeal from the 101st Judicial District
Court, Dallas County, Texas
No. 05-15-00644-CV V. Trial Court Cause No. DC-13-10821-E.
Opinion delivered by Justice Evans. Justices
BONG KO, Appellee Lang and Whitehill participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Bong Ko recover his costs, if any, of this appeal from
appellant John Yi.
Judgment entered this 29th day of September, 2015.
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