Mary Frances Brannon & Claudia Ann Dietrich-Davis v. Kamaljit Kaur Appeal from 417th Judicial District Court of Collin County (memorandum opinion)
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DISMISS and Opinion Filed September 21, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00718-CV MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS, Appellants V. KAMALJIT KAUR, Appellee On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-03733-2019 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Molberg This is an appeal from the trial court’s August 3, 2020 order denying appellant’s motion for summary judgment because there is a fact issue to be resolved. Because the record does not reflect a final judgment has been signed, and an order denying a motion for summary judgment is not an appealable interlocutory order, we questioned our jurisdiction over the appeal and directed appellants to file a letter brief addressing our concern with an opportunity for appellee to respond. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (appeal may be taken from final judgment or interlocutory order authorized by statute); Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 625 (Tex. 1996) (denial of motion for summary judgment not reviewable on appeal). Although appellants filed two letter briefs, nothing therein demonstrates this Court’s jurisdiction over the appeal. Because the appealed order is interlocutory and nothing before us reflects a final judgment has been signed, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 200718f.p05 /Ken Molberg// KEN MOLBERG JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICHDAVIS, Appellants No. 05-20-00718-CV On Appeal from the 417th Judicial District Court, Collin County, Texas Trial Court Cause No. 417-037332019. Opinion delivered by Justice Molberg. Justices Carlyle and Browning participating. V. KAMALJIT KAUR, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee KAMALJIT KAUR recover her costs of this appeal from appellants MARY FRANCES BRANNON AND CLAUDIA ANN DIETRICH-DAVIS. Judgment entered this 21st day of September, 2020. –3–
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