DISMISS; and Opinion Filed October 14, 2016.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00398-CV
ROSE MARY BOLDEN, DARLENE THOMAS,
AND RUFUS GENE CHILDS, Appellants
V.
FIDELITY NATIONAL TITLE INSURANCE CO., Appellee
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-10838
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Fillmore, and Justice Brown
Opinion by Justice Brown
By letter dated August 5, 2016, the Court questioned its jurisdiction over this appeal as
there did not appear to be a final judgment. We instructed appellant to file a letter brief
addressing our concern and gave appellee an opportunity to respond to any brief filed by
appellants.
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.
In the original petition, appellee sought both damages for breach of warranty of title and
attorney’s fees. The trial court signed a default judgment awarding damages for breach of
warranty of title. The default judgment is silent as to appellee’s claim for attorney’s fees.
Because the claim for attorney’s fees remains pending, the judgment is not final.
Appellants filed a letter with this Court on August 17, 2016. Appellants, however, failed
to address the jurisdictional issue in their letter. The judgment before this Court is not final. For
this reason, this Court lacks jurisdiction over this appeal.
We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Ada Brown/
ADA BROWN
JUSTICE
160398F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROSE MARY BOLDEN, DARLENE On Appeal from the 44th Judicial District
THOMAS, AND RUFUS GENE CHILDS, Court, Dallas County, Texas
Appellants Trial Court Cause No. DC-15-10838.
Opinion delivered by Justice Brown. Chief
No. 05-16-00398-CV V. Justice Wright and Justice Fillmore
participating.
FIDELITY NATIONAL TITLE
INSURANCE CO., Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee FIDELITY NATIONAL TITLE INSURANCE CO.
recover its costs of this appeal from appellants ROSE MARY BOLDEN, DARLENE THOMAS,
AND RUFUS GENE CHILDS.
Judgment entered this 14th day of October, 2016.
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