Intelitrac, Inc., a Delaware State corporation v. UMB Financial Corporation, a Missouri State financial corporation Appeal from 95th District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS and Opinion Filed November 6, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01113-CV INTELITRAC, INC., A DELAWARE STATE CORPORATION, Appellant V. UMB FINANCIAL CORPORATION, A MISSOURI STATE FINANCIAL CORPORATION; UMB BANK, N.A., A NATIONAL BANKING ASSOCIATION; ZACH FEE, AN INDIVIDUAL; NICK ARTHACHINDA, AN INDIVIDUAL; AND KEVIN VON ATZIGEN, AN INDIVIDUAL, Appellees On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-17-00035 MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Chief Justice Burns This is an appeal from two summary judgment orders that disposed of appellant’s claims against appellees but left pending a counterclaim for attorney’s fees. On October 15, 2019, we construed a letter filed by appellees questioning our jurisdiction in light of the pending counterclaim as a motion to dismiss the appeal and requested a response from appellant. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeal may only be taken from final judgment that disposes of all claims and parties). By letter filed October 25, 2019, appellant concedes the appeal is premature. Accordingly, because a final judgment has not been signed, we grant appellees’ motion and 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 191113F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT INTELITRAC, INC., A DELAWARE STATE CORPORATION, Appellant No. 05-19-01113-CV On Appeal from the 95th District Court, Dallas County, Texas Trial Court Cause No. DC-17-00035. Opinion delivered by Chief Justice Burns, Justices Whitehill and Nowell participating. V. UMB FINANCIAL CORPORATION, A MISSOURI STATE FINANCIAL CORPORATION; UMB BANK, N.A., A NATIONAL BANKING ASSOCIATION; ZACH FEE, AN INDIVIDUAL; NICK ARTHACHINDA, AN INDIVIDUAL; AND KEVIN VON ATZIGEN, AN INDIVIDUAL, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER appellees UMB Financial Corporation, a Missouri State Financial Corporation; UMB Bank, N.A., a National Banking Association; Zach Fee, an Individual; Nick Arthachinda, an Individual; and Kevin von Atzigen, an Individual recover their costs, if any, of this appeal from appellant Intelitrac, Inc., a Delaware State Corporation. Judgment entered November 6, 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.
