DISMISS and Opinion Filed September 21, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00718-CV
MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS,
Appellants
V.
KAMALJIT KAUR, Appellee
On Appeal from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-03733-2019
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Browning
Opinion by Justice Molberg
This is an appeal from the trial court’s August 3, 2020 order denying
appellant’s motion for summary judgment because there is a fact issue to be
resolved. Because the record does not reflect a final judgment has been signed, and
an order denying a motion for summary judgment is not an appealable interlocutory
order, we questioned our jurisdiction over the appeal and directed appellants to file
a letter brief addressing our concern with an opportunity for appellee to respond.
See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (appeal may be
taken from final judgment or interlocutory order authorized by statute); Cincinnati
Life Ins. Co. v. Cates, 927 S.W.2d 623, 625 (Tex. 1996) (denial of motion for
summary judgment not reviewable on appeal).
Although appellants filed two letter briefs, nothing therein demonstrates this
Court’s jurisdiction over the appeal. Because the appealed order is interlocutory and
nothing before us reflects a final judgment has been signed, we dismiss the appeal
for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Ken Molberg//
KEN MOLBERG
200718f.p05 JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARY FRANCES BRANNON On Appeal from the 417th Judicial
AND CLAUDIA ANN DIETRICH- District Court, Collin County, Texas
DAVIS, Appellants Trial Court Cause No. 417-03733-
2019.
No. 05-20-00718-CV V. Opinion delivered by Justice
Molberg. Justices Carlyle and
KAMALJIT KAUR, Appellee Browning participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee KAMALJIT KAUR recover her costs of this
appeal from appellants MARY FRANCES BRANNON AND CLAUDIA ANN
DIETRICH-DAVIS.
Judgment entered this 21st day of September, 2020.
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