DISMISS and Opinion Filed November 14, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01000-CV
BRIAN E. VODICKA, Appellant
V.
MICHAEL B. TOBOLOWSKY,
EXECUTOR OF THE ESTATE OF IRA E. TOBOLOWSKY, Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-08135
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Chief Justice Burns
The Court questioned its jurisdiction over this appeal as there did not appear to be a final
judgment or other appealable order. We instructed appellant to file, by November 4, 2019, a letter
brief addressing the Court’s concern and cautioned him that failure to comply may result in
dismissal of the appeal without further notice. As of today’s date, appellant has not complied.
Generally, appellate courts have 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); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a). A final judgment is one
that disposes of all parties and claims. See Lehman, 39 S.W.3d at 195.
Appellant appeals from the trial court’s August 8, 2019 order denying his request to appear
by telephone for the hearing scheduled 6 days later. This order is not a final judgment and is not
otherwise subject to an interlocutory appeal. For this reason, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D.Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
191000F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRIAN E. VODICKA, Appellant On Appeal from the 14th Judicial District
Court, Dallas County, Texas
No. 05-19-01000-CV V. Trial Court Cause No. DC-15-08135.
Opinion delivered by Chief Justice Burns.
MICHAEL B. TOBOLOWSKY, Justices Whitehill and Nowell participating.
EXECUTOR OF THE ESTATE OF
IRA E. TOBOLOWSKY, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered November 14, 2019
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