Mark Little v. The Swan Asbestos and Silica Settlement Trust Appeal from 196th Judicial District Court of Hunt County (memorandum opinion by chief justice wright)
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DISMISS and Opinion Filed December 9, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00956-CV MARK LITTLE, Appellant V. THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST, Appellee On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 83004 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright By letter dated November 7, 2016, the Court questioned its jurisdiction over this appeal because there does not appear to be a final judgment. We instructed appellant to file, by November 17, 2016, a letter brief addressing the jurisdictional issue. We cautioned appellant that failure to file a jurisdictional brief by the date specified may result in dismissal of the appeal without further notice. As of today’s date, appellant has not filed a response. 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. Appellee filed a petition for declaratory judgment. Appellant filed an application for attorney’s fees. The record before this Court contains only an order denying appellant’s application for attorney’s fees and the notice of appeal pertains to that order. Appellee’s claim for declaratory judgment remains pending. Because the judgment is not final, this Court lacks jurisdiction. See Lehmann, 39 S.W.3d at 195. We dismiss the appeal. See TEX. R. APP. P. 42.3(a). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 160956F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARK LITTLE, Appellant No. 05-16-00956-CV On Appeal from the 196th Judicial District Court, Hunt County, Texas Trial Court Cause No. 83004. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee THE SWAN ASBESTOS AND SILICA SETTLEMENT TRUST recover its costs of this appeal from appellant MARK LITTLE. Judgment entered December 9, 2016. –3–
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