Thomas G. Brown d/b/a/ B & B Construction Company v. Richard Crow and First State Bank of Texas Appeal from 86th Judicial District Court of Kaufman County (memorandum opinion)

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DISMISS and Opinion Filed August 30, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00551-CV THOMAS G. BROWN D/B/A B & B CONSTRUCTION COMPANY, Appellant V. RICHARD CROW AND FIRST STATE BANK OF TEXAS, Appellees On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 56,631 MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Reichek By this appeal, Thomas G. Brown d/b/a B & B Construction Company challenges the trial court’s April 22, 2019 order granting in part and denying in part First State Bank of Texas’s motion for summary judgment. Because the order did not dispose of all of Brown’s claims against the Bank and did not address Brown’s claims against Richard Crow, we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeals may only be taken from final judgments that dispose of all parties and claims). Both Brown and the Bank filed jurisdictional letter briefs, and neither disputes claims remain pending. Accordingly, because claims remain pending, we lack jurisdiction and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. 190551F.P05 /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THOMAS G. BROWN D/B/A B & B CONSTRUCTION COMPANY, Appellant No. 05-19-00551-CV On Appeal from the 86th Judicial District Court, Kaufman County, Texas Trial Court Cause No. 56,631. Opinion delivered by Justice Reichek, Justices Schenck and Osborne participating. V. RICHARD CROW AND FIRST STATE BANK OF TEXAS, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Richard Crow and First State Bank of Texas recover their costs, if any, of this appeal from appellant Thomas G. Brown d/b/a B & B Construction Company. Judgment entered August 30, 2019. –2–

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