Brian E. Vodicka v. Michael B. Tobolowsky, Executor of the Estate of Ira E. Tobolowsky Appeal from 14th Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed November 14, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01000-CV BRIAN E. VODICKA, Appellant V. MICHAEL B. TOBOLOWSKY, EXECUTOR OF THE ESTATE OF IRA E. TOBOLOWSKY, Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-08135 MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Chief Justice Burns The Court questioned its jurisdiction over this appeal as there did not appear to be a final judgment or other appealable order. We instructed appellant to file, by November 4, 2019, a letter brief addressing the Court’s concern and cautioned him that failure to comply may result in dismissal of the appeal without further notice. As of today’s date, appellant has not complied. Generally, appellate courts have 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); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a). A final judgment is one that disposes of all parties and claims. See Lehman, 39 S.W.3d at 195. Appellant appeals from the trial court’s August 8, 2019 order denying his request to appear by telephone for the hearing scheduled 6 days later. This order is not a final judgment and is not otherwise subject to an interlocutory appeal. For this reason, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Robert D.Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 191000F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRIAN E. VODICKA, Appellant No. 05-19-01000-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-08135. Opinion delivered by Chief Justice Burns. Justices Whitehill and Nowell participating. V. MICHAEL B. TOBOLOWSKY, EXECUTOR OF THE ESTATE OF IRA E. TOBOLOWSKY, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered November 14, 2019 –3–
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