Beverly Scott v. Rand Partners, L.P., et al Appeal from County Court at Law No. 2 of Kaufman County (memorandum opinion)
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DISMISS and Opinion Filed March 23, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01312-CV BEVERLY SCOTT, Appellant V. RAND PARTNERS, L.P., REUNION TITLE, NATHAN ALLEN, JR., TOM HENDERSON ESTATE, JAMES WIMBERLY, DONNA WIMBERLY LATTIMER, JAMES TENOLA WHITE A/K/A ROGER HENDERSON, EARLINE HENDERSON, GORDON HENDERSON, JUREL HENDERSON SPENCER, ARTHUR LEE HENDERSON, CHERRYLYN HART WILSON, DONALD RAY HART, MARY HENDERSON CLARK, LOIS HENDERSON JACKSON, ROBERT SMITH, JERRE GIBBS, HENRY S. MILLER COMMERCIAL, AND WALGREENS, Appellees On Appeal from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 93964-CC2 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright By letter dated February 20, 2018, the Court questioned its jurisdiction over this appeal as it appears the trial court’s judgment is not final. We instructed appellant to file a letter brief addressing the jurisdictional issue. 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. Appellant sued nineteen defendants. By orders signed on February 20, 2015, the trial court dismissed appellant’s claims against defendants Nathan Allen, Jr. and Reunion Title. On July 11, 2017, the trial court signed an order granting defendant Rand Partners, L.P.’s no-evidence motion for summary judgment and dismissing all of appellant’s claims against it. Appellant filed a letter brief but she failed to address the jurisdictional issue. Although appellant’s claims against Nathan Allen, Jr., Reunion Title, and Rand Partners, L.P. have been disposed of, her claims against the remaining sixteen defendants remain pending. For this reason, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 171312F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BEVERLY SCOTT, Appellant No. 05-17-01312-CV On Appeal from the County Court at Law No. 2, Kaufman County, Texas Trial Court Cause No. 93964-CC2. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. RAND PARTNERS, L.P., REUNION TITLE, NATHAN ALLEN, JR., TOM HENDERSON ESTATE, JAMES WIMBERLY, DONNA WIMBERLY LATTIMER, JAMES TENOLA WHITE A/K/A ROGER HENDERSON, EARLINE HENDERSON, GORDON HENDERSON, JUREL HENDERSON SPENCER, ARTHUR LEE HENDERSON, CHERRYLYN HART WILSON, DONALD RAY HART, MARY HENDERSON CLARK, LOIS HENDERSON JACKSON, ROBERT SMITH, JERRE GIBBS, HENRY S. MILLER COMMERCIAL, AND WALGREENS, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. –3– It is ORDERED that appellees RAND PARTNERS, L.P., REUNION TITLE, NATHAN ALLEN, JR., TOM HENDERSON ESTATE, JAMES WIMBERLY, DONNA WIMBERLY LATTIMER, JAMES TENOLA WHITE A/K/A ROGER HENDERSON, EARLINE HENDERSON, GORDON HENDERSON, JUREL HENDERSON SPENCER, ARTHUR LEE HENDERSON, CHERRYLYN HART WILSON, DONALD RAY HART, MARY HENDERSON CLARK, LOIS HENDERSON JACKSON, ROBERT SMITH, JERRE GIBBS, HENRY S. MILLER COMMERCIAL, AND WALGREENS recover their costs of this appeal from appellant BEVERLY SCOTT. Judgment entered March 23, 2018. –4–
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