National Judgment Recovery Center, L.P. as Assignee of Unifund CCR Partners v. Michael Loya Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed January 29, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01366-CV NATIONAL JUDGMENT RECOVERY CENTER, L.P. AS ASSIGNEE OF UNIFUND CCR PARTNERS, Appellant V. MICHAEL LOYA, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-05-10049-E MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright In its notice of appeal, appellant states it is appealing the trial court’s “August 31, 2017 denial of its Application for Writ of Scire Facias.” By letter dated December 28, 2017, the Court questioned its jurisdiction over this appeal as the clerk’s record did not contain a signed order on the application for writ of scire facias. We instructed appellant to file, by January 9, 2018, a letter brief addressing our concern and cautioned that failure to do so 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. Id. Appellate timetables run from the date the appealable order or judgment is signed. See TEX. R. APP. P. 26.1. The record before this Court does not contain a final judgment or other appealable order. Without a judgment or other appealable order, there is nothing for this Court to review. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 171366F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT NATIONAL JUDGMENT RECOVERY CENTER, L.P. AS ASSIGNEE OF UNIFUND CCR PARTNERS, Appellant No. 05-17-01366-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-05-10049-E. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. MICHAEL LOYA, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee MICHAEL LOYA recover his costs of this appeal from appellant NATIONAL JUDGMENT RECOVERY CENTER, L.P. AS ASSIGNEE OF UNIFUND CCR PARTNERS. Judgment entered January 29, 2018. –3–
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