Thomas G. Brown d/b/a/ B & B Construction Company v. First State Bank of Texas Appeal from 86th Judicial District Court of Kaufman County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS; Opinion Filed November 5, 2019 In the Court of Appeals Fifth District of Texas at Dallas No. 05-19-00865-CV THOMAS G. BROWN D/B/A/ B & B CONSTRUCTION COMPANY, Appellant V. FIRST STATE BANK OF TEXAS, Appellee On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 56631 MEMORANDUM OPINION Before Justices Pedersen, III, Reichek, and Carlyle Opinion by Justice Carlyle We questioned our jurisdiction over this appeal from the trial court’s July 9, 2019 summary judgment because it appeared the judgment was not final. An appeal may only be taken from judgment disposing of all parties and claims, subject to mostly statutory exceptions. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The judgment here finally disposed of appellant’s claims against appellee but did not dispose of appellant’s claims against a third party. At our request, the parties filed letter briefs addressing our jurisdiction. Appellant’s letter directs the majority of its focus at federal criminal statutes as the basis for our jurisdiction. We are not a federal court. We, and the district court below, are courts of the state of Texas. Federal statutes do not establish our jurisdiction.1 Because this appeal is not from a final judgment disposing of all claims against all parties, and because there is no order severing the claims appellant purports to appeal from those that remain, we dismiss the appeal.2 See TEX. R. APP. P. 42.3(a). /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 190865F.P05 1 Appellant fails to even cite to appropriate federal jurisdictional statutes. It appears the gist of appellant’s argument is that this court has jurisdiction to decide appeals in cases including causes of action based on federal statutes. This is what is called “federal question” jurisdiction, the authority for which resides in 28 U.S.C. § 1331, and it is the basis for jurisdiction in federal, not state, district court. And federal appeals courts’ jurisdiction over final decisions of federal district courts is described by 28 U.S.C. § 1291. But these statutes do not define our jurisdiction as a state court. Appellant’s letter response to our jurisdictional question identifies no basis for this court to exercise jurisdiction in this case at this time. 2 We also deny appellant’s motion to consolidate this appeal into a previously dismissed appeal. –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT THOMAS G. BROWN D/B/A/ B & B CONSTRUCTION COMPANY, Appellant No. 05-19-00865-CV On Appeal from the 86th Judicial District Court, Kaufman County, Texas Trial Court Cause No. 56631. Opinion delivered by Justice Carlyle. Justices Pedersen, III and Reichek participating. V. FIRST STATE BANK OF TEXAS, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee First State Bank of Texas recover its costs, if any, of this appeal from appellant Thomas G. Brown d/b/a B & B Construction Company. Judgment entered this 5th day of November, 2019. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
