Lidia Silva v. Michael Quintanilla Appeal from 471st Judicial District Court of Collin County (memorandum opinion)

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DISMISS and Opinion Filed October 19, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00366-CV LIDIA SILVA, Appellant V. MICHAEL QUINTANILLA, Appellee On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-02505-2019 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns We questioned our jurisdiction over this appeal as there does not appear to be a final judgment. We directed appellant to file, by September 10, 2021, a letter brief addressing our concern and cautioned her that failure to comply may result in dismissal of the appeal. As of today’s date, appellant has not complied. Generally, this Court has jurisdiction over 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) (listing appealable interlocutory orders). Appellant appeals from the trial court’s order granting plaintiff’s motion for summary judgment. In that order, the trial court orders the parties “to set a hearing on partition of the property and for prove up of Plaintiff’s attorneys’ fees and costs.” Because matters remain to be resolved, the judgment is not final. Accordingly, 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 210366F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the 471st Judicial District Court, Collin County, Texas Trial Court Cause No. 471-025052019. Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein participating. LIDIA SILVA, Appellant No. 05-21-00366-CV V. MICHAEL QUINTANILLA, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee MICHAEL QUINTANILLA recover his costs of this appeal from appellant LIDIA SILVA. Judgment entered October 19, 2021. –3–

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