Schyyra Hayes v. Frank M. D'Alessandro, Kipenie Anne D'Alessandro, A.P. Investments, LLC, Lionel Austin, Jr. Appeal from 401st Judicial District Court of Collin County (memorandum opinion)
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DISMISS and Opinion Filed October 7, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00793-CV SCHYYRA HAYES, Appellant V. FRANK M. D'ALESSANDRO, KIPENIE ANNE D'ALESSANDRO, A.P. INVESTMENTS, LLC, LIONEL AUSTIN, JR., Appellees On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-05514-2017 MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns We questioned our jurisdiction over this appeal from the trial court’s June 14, 2019 order granting appellees’ motion for summary judgment as it did not appear the judgment resolved all claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appellate court has jurisdiction over appeals from final judgments that dispose of all parties and claims). We directed appellant to file a letter brief addressing our concern, but more than ten days have passed, and she has not responded. The summary judgment from which appellant appeals disposed of her claims against appellees and determined appellees were entitled to attorney’s fees. However, it did not determine the amount of fees or address counterclaims asserted against appellant, and nothing in the record before us reflects those claims have been resolved. Accordingly, we lack jurisdiction and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 190793F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SCHYYRA HAYES, Appellant No. 05-19-00793-CV On Appeal from the 401st Judicial District Court, Collin County, Texas Trial Court Cause No. 401-05514-2017. Opinion delivered by Chief Justice Burns, Justices Whitehill and Molberg participating. V. FRANK M. D'ALESSANDRO, KIPENIE ANNE D'ALESSANDRO, A.P. INVESTMENTS, LLC, LIONEL AUSTIN, JR., Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered October 7, 2019. –3–
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