Jules Dylan Stuer v. Susan Duesler Appeal from 298th Judicial District Court of Dallas County (memorandum opinion)

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DISMISS and Opinion Filed December 28, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01220-CV JULES DYLAN STUER, Appellant V. SUSAN DUESLER, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-07494 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright By letter dated November 9, 2018, the Court questioned its jurisdiction over this appeal as it appeared the judgment was not final. We instructed appellant to file a letter brief addressing the Court’s concern. Generally, this Court has jurisdiction only over appeals from final judgments. 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. Appellee filed a motion seeking to dismiss appellant’s claims and recover her attorney’s fees. In the trial court’s Order Dismissing Plaintiff’s Claims, the court stated that attorney’s fees would be determined at a subsequent hearing. Thus, the claim for attorney’s fees remains pending. Although appellant filed a letter brief, she failed to address the jurisdictional issue. Because appellee’s claim for attorney’s fees remains pending in the trial court, this Court lacks jurisdiction over this appeal. See id. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 181220F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JULES DYLAN STUER, Appellant No. 05-18-01220-CV On Appeal from the 298th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-18-07494. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. SUSAN DUESLER, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered December 28, 2018 –3–