DISMISS and Opinion Filed January 21, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00982-CV
R. COURT POWELL, Appellant
V.
PIETRO EUSTACHIO AND GRACE EUSTACHIO, Appellees
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-02969
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Garcia
Opinion by Justice Myers
The Court questioned its jurisdiction over this appeal because there did not
appear to be a final judgment or other appealable order. See Lehmann v. Har–Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally, appellate courts have jurisdiction
over final judgments and certain interlocutory orders as permitted by statute); TEX.
CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders).
We directed appellant to file a letter brief addressing the jurisdictional issue with an
opportunity for appellees to respond. We cautioned appellant that failure to comply
may result in dismissal of the appeal without further notice. Appellant did not file a
letter brief as directed.
Appellant appeals from the trial court’s order granting appellees’ motion for
summary judgment. In their original answer, appellees asserted a counterclaim for
sanctions. Appellees sought summary judgment on appellant’s claims but not their
counterclaim. Because appellees’ counterclaim remains pending, there is no final
judgment and this Court lacks jurisdiction over the appeal. See Lehmann, 39 S.W.3d
at 195.
We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Lana Myers//
210982f.p05 LANA MYERS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
R. COURT POWELL, Appellant On Appeal from the 298th Judicial
District Court, Dallas County, Texas
No. 05-21-00982-CV V. Trial Court Cause No. DC-18-02969.
Opinion delivered by Justice Myers.
PIETRO EUSTACHIO AND Justices Molberg and Garcia
GRACE EUSTACHIO, Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees PIETRO EUSTACHIO AND GRACE
EUSTACHIO recover their costs of this appeal from appellant R. COURT
POWELL.
Judgment entered this 21st day of January, 2022.
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