Kenneth Leo Buholtz v. Texas Department of Transportation Appeal from County Court at Law No. 6 of Collin 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. 05-18-01284-CV KENNETH LEO BUHOLTZ, Appellant V. TEXAS DEPARTMENT OF TRANSPORTATION AND HALFF ASSOCIATES, INC., Appellees On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-02337-2018 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Before the Court is appellant’s December 18, 2018 motion to withdraw appeal and/or hold in abeyance filed in response to this Court’s letter questioning our jurisdiction over this appeal. Appellant acknowledges in his motion that the appealed order is not final because it disposes only of his claims against the Texas Department of Transportation. Appellant’s claims against Halff Associates, Inc. remain pending. For this reason, this Court lacks jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Accordingly, we grant appellant’s motion, deny appellant’s pending motion for recorder’s record in companion case as moot, and dismiss the appeal. See TEX. R. APP. P. 42.3(a). 181284F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENNETH LEO BUHOLTZ, Appellant No. 05-18-01284-CV On Appeal from the County Court at Law No. 6, Collin County, Texas Trial Court Cause No. 006-02337-2018. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. TEXAS DEPARTMENT OF TRANSPORTATION AND HALFF ASSOCIATES, INC., Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered December 28, 2018 –2–

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