CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
Court of Appeals
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS
DAVID EVANS
DAVID LEWIS Fifth District of Texas at Dallas FACSIMILE
(214) 745-1083
ADA BROWN
600 COMMERCE STREET, SUITE 200
CRAIG STODDART INTERNET
BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
DAVID J. SCHENCK (214) 712-3400
June 29, 2015
Mr. Niles Illich
Law Office of Niles Illich, Ph.D., J.D.
701 Commerce St., Suite 400
Dallas, Texas 75202
RE: Court of Appeals Number: 05-15-00758-CV
Trial Court Case Number: DC-13-13967-D
Style: Jari’l Robinson, et al. v. Pace Homes, Inc.
Dear Mr. Illich:
The Court has reviewed the clerk’s record and has a question concerning its jurisdiction
over the appeal. Specifically, there does not appear to be an appealable order. 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 all claims. See id.
In the notice of interlocutory appeal, appellants state they are appealing the denial of their
motion to dismiss and cite to sections 51.016 and 171.098 of the civil practice and remedies
code. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.016 (West 2015) & § 171.098 (West 2011).
Those sections concern appeals from arbitration orders. The order appealed from denies a
motion to dismiss.
So that this Court can determine its jurisdiction over this appeal, appellants are instructed
to file, by JULY 9, 2015, a letter brief of no more than 3 pages explaining how this Court has
jurisdiction over the appeal. Appellee may file a responsive letter brief of no more than 3 pages
within 10 days of appellant’s brief. No extension of time will be granted. If either party will be
relying on information not in the record before this Court, that party must obtain a supplemental
clerk’s record from the trial court containing that information.
We suspend the current deadline for appellants’ brief on the merits. After it has received
briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for want of
jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction over the
appeal and set a new deadline for appellants’ brief. We caution appellants that failure to file a
jurisdictional brief by JULY 9, 2015, may result in dismissal of the appeal without further
notice.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
cc: Ms. Linda Sorrells
Law Office of Linda G. Sorrells
P.O. Box 763603
Dallas, Texas 75376
Mr. Roger Fuller
Law Offices of Fuller & Eason
4230 Lyndon B. Johnson Fwy., Suite 330
Dallas, Texas 75244
LM/rz
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