Celia D. Miskevitch v. 7-Eleven, Inc. Appeal from 298th Judicial District Court of Dallas County (memorandum opinion )

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DISMISS and Opinion Filed October 5, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00914-CV CELIA D. MISKEVITCH, Appellant V. 7-ELEVEN, INC., Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-00611 MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Lang By letter, the Court questioned its jurisdiction over this appeal because it appeared appellee’s counterclaim for attorney’s fees remained pending. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We gave the parties an opportunity to address our concern. Both parties filed responses agreeing with this Court’s assessment that the judgment is not final. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). 160914F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT CELIA D. MISKEVITCH, Appellant No. 05-16-00914-CV On Appeal from the 298th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-00611. Opinion delivered by Justice Lang. Justices Myers and Evans participating. V. 7-ELEVEN, INC., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee 7-ELEVEN, INC. recover its costs of this appeal from appellant CELIA D. MISKEVITCH. Judgment entered this 5th day of October, 2016. –2–

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