Joe Spillman v. The Las Colinas Association Appeal from 191st Judicial District Court of Dallas County (memorandum opinion)

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Dismiss and Opinion Filed April 4, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00005-CV JOE SPILLMAN, Appellant V. THE LAS COLINAS ASSOCIATION, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-06000 MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Osborne By notice of appeal filed on January 5, 2022, appellant challenges the December 14, 2021 summary judgment determining appellee is entitled to judgment as a matter of law in its case-in-chief, but leaving open for a later date the determination of attorney’s fees. Generally, an appeal may only be taken from a final judgment that disposes of all parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because the challenged summary judgment left open the determination of attorney’s fees, we questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern. Appellant conceded in his letter brief that the summary judgment order is not final.1 Accordingly, with no appealable order before us, we dismiss the appeal. See Tex. R. App. P. 42.3(a). 220005f.p05 1 /Leslie Osborne// LESLIE OSBORNE JUSTICE Although given an opportunity to respond, appellee has not responded. –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOE SPILLMAN, Appellant No. 05-22-00005-CV On Appeal from the 191st Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-18-06000. Opinion delivered by Justice Osborne, Justices Myers and Nowell participating. V. THE LAS COLINAS ASSOCIATION, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee The Las Colinas Association recover its costs, if any, of this appeal from appellant Joe Spillman. Judgment entered this 4th day of April, 2022. –3–

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