DISMISS and Opinion Filed July 3, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00546-CV
RUTH TORRES, Appellant
V.
MARIE DIAZ, MARK GALVAN, PURSUIT OF EXCELLENCE, INC., AND
DALLAS / FORT WORTH INTERNATIONAL AIRPORT, Appellees
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-08711
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
By letter, the Court questioned its jurisdiction over this appeal as there did not appear to be
final judgment or other appealable order. We instructed appellant to file a letter brief addressing
the jurisdictional issue. Appellant complied and appellees, Marie Diaz, Mark Galvan, and Pursuit
of Excellence, Inc., filed a response.
Generally, this Court has jurisdiction only over appeals from final judgments and certain
interlocutory orders as permitted 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 pending parties and claims. See id.
On April 26, 2018, the trial court granted in part and denied in part the Rule 91A motion
to dismiss filed by the plaintiff Pursuit of Excellence, Inc. and third-party defendants Marie Diaz
and Mark Galvan with regard to appellant’s counterclaims. The trial court denied the motion as
to appellant’s counterclaims for breach of contract, quantum meruit, and unjust enrichment. Thus,
those counterclaims along with plaintiff’s claims remain pending.
Appellant filed a letter brief but fails to provide any authority for this Court’s jurisdiction
over the trial court’s interlocutory order. Because the appealed order is neither a final judgment
nor an order subject to an interlocutory appeal, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
180546F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RUTH TORRES, Appellant On Appeal from the 44th Judicial District
Court, Dallas County, Texas
No. 05-18-00546-CV V. Trial Court Cause No. DC-16-08711.
Opinion delivered by Chief Justice Wright.
MARIE DIAZ, MARK GALVAN, Justices Evans and Brown participating.
PURSUIT OF EXCELLENCE, INC., AND
DALLAS / FORT WORTH
INTERNATIONAL AIRPORT, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees MARIE DIAZ, MARK GALVAN, PURSUIT OF
EXCELLENCE, INC., AND DALLAS / FORT WORTH INTERNATIONAL AIRPORT recover
their costs of this appeal from appellant RUTH TORRES.
Judgment entered July 3, 2018.
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