Tony Lamar Vann v. ALTUS Traffic Management LLC

DISMISS and Opinion Filed March 19, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00084-CV TONY LAMAR VANN, Appellant V. ALTUS TRAFFIC MANAGEMENT LLC AND TEXAS MUTUAL INSURANCE COMPANY, Appellees On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-07180 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns This Court questioned its jurisdiction over this appeal because there did not appear to be final judgment or other appealable order. We instructed the parties to file letter briefs addressing our concern. The parties 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 Lehmann, 39 S.W.3d at 195. Tony Lamar Vann sued Altus Traffic Management LLC (Altus Traffic) and Texas Mutual Insurance Company. Altus Traffic filed a motion for summary judgment. By order signed on December 12, 2019, the trial court granted the motion on all claims asserted by Vann against Altus Traffic. Vann appeals from this order. However, this order is not a final judgment because Vann’s claims against Texas Mutual Insurance Company remain pending. Although Vann filed a letter brief, nothing therein demonstrates this Court’s jurisdiction over this appeal. Accordingly, 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 200084F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TONY LAMAR VANN, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-20-00084-CV V. Trial Court Cause No. DC-19-07180. Opinion delivered by Chief Justice ALTUS TRAFFIC MANAGEMENT Burns. Justices Molberg and Nowell LLC AND TEXAS MUTUAL participating. INSURANCE COMPANY, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees ALTUS TRAFFIC MANAGEMENT LLC AND TEXAS MUTUAL INSURANCE COMPANY recover their costs of this appeal from appellant TONY LAMAR VANN. Judgment entered March 19, 2020 –3–